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October 16th, 2021:

Justice Department goes to SCOTUS over SB8

As expected.

The Biden administration will ask the U.S. Supreme Court to stop enforcement of Texas’ near-total abortion ban, according to a Friday statement from a U.S. Department of Justice spokesperson.

Courts have pingponged back and forth on the law’s enforceability over several weeks. The Justice Department’s move comes after a panel of federal appellate judges ordered late Thursday that the ban will remain in place while its constitutionality is decided.

[…]

“The Supreme Court needs to step in and stop this madness. It’s unconscionable that the Fifth Circuit stayed such a well-reasoned decision that allowed constitutionally protected services to return in Texas,” Nancy Northup, president and CEO of the Center for Reproductive Rights, said in a statement.

When Texas abortion providers originally made an emergency appeal to the U.S. Supreme Court before the law went into effect, the court denied their request to stop the law’s enforcement in a 5-4 vote.

Abortion advocates remain unsure of what the Supreme Court will do and if it will ultimately uphold the precedent of Roe v. Wade’s landmark decision in a case out of Mississippi that the court will begin hearing Dec. 1.

See here for the previous update. Not much to add here, either SCOTUS does the right thing or we continue to be screwed by a bunch of partisan hacks in robes who will always arrive at their preferred outcome regardless of the facts. What do you think all those references to the Fifth Circuit’s super-duper conservatism are telling us, anyway? And yes, the Fifth Circuit’s opinion here is highly questionable:

Click over to read the rest. The Current has more.

House passes anti-trans sports bill

Disgraceful.

The Texas House approved legislation on Thursday that would restrict transgender student athlete participation in school sports, clearing a notable hurdle for supporters of the measure after similar legislation sailed through the Senate and stalled in the House three times prior this year.

House Bill 25, authored by state Rep. Valoree Swanson, R-Spring, passed with a 76-54 vote. Before Thursday’s vote, House Speaker Dade Phelan signaled that the House would have enough votes to pass the restrictive sports legislation. The bill will now head to the Senate, where it is expected to pass.

Under HB 25, student athletes in K-12 public schools would be required to compete on sports teams that correspond with the sex listed on their birth certificate received at or near the time of their birth. The legislation singles out transgender children who would be prohibited from participating on sports teams that match their gender identity.

HB 25 would not allow recognition of these legally modified birth certificates unless changes were made because of a clerical error. It’s not clear though how it will be determined if a birth certificate has been legally modified or not. According to the UIL, the process for checking student birth certificates is left up to schools and districts, not the UIL.

Transgender advocates and parents of transgender children have argued HB 25 unfairly targets children who may see sports as a refuge. And they note that bills such as HB 25 and others that have targeted transgender children this year — such as legislation that limits gender-affirming care — have already inflicted a mental toll on youth and families.

See here and here for the background. I don’t have anything new to say. This is an atrocity, it has already done a great deal of harm, and the most likely outcome, at least in the foreseeable future, is for athletes who are biologically female but who don’t look feminine enough to be harassed about their appearance. I am still waiting for the NCAA to follow through on its threatened actions, if only to serve as a reminder that this sort of crap does have some consequences. The Chron, The 19th, and Mandy Giles have more.

More on the Mac Walker ballot name situation

Good move by HISD.

Mac Walker

Houston ISD on Tuesday took responsibility for failing to include the nickname of a trustee candidate when it entered his name in a county elections office portal.

Lee “Mac” Walker, vying for district 7, said last week he learned of the issue when a voter asked whether he was on the ballot. On his application to run, he listed his preferred name — Mac — as the name he wanted identified on the ballot. He has been campaigning under the nickname.

He is listed on the ballot, however, simply as Lee Walker.

“HISD acknowledges and takes responsibility for the error in inputting Mr. Walker’s name into the Harris County Elections Administrator’s Office Entity Portal,” district officials said in a statement Tuesday. “Corrective actions and systems in the Office of Board Services have been put into place to ensure that this does not happen again.”

County elections officials said last week the name cannot be changed on the ballot, citing the resources and time required to perform a logic and accuracy test for the entire election before voting begins.

HISD said it will use both Walker’s legal and preferred name in election notices it is required to publish in a newspaper, on the bulletin board used for posting board meeting notices and on its website.

The district said it additionally will publish election notices in the Forward Times, La Voz and Vietnam Post and mail notices of the Nov. 2 election to registered voters in all five of the single-member districts having an election.

See here for the background. Sometimes you make a mistake that can’t be corrected. When that happens, you can at least make amends, and do everything you can to make sure it doesn’t happen again. That’s what HISD has done here, and as someone who wants fair elections, I appreciate it. It’s not the best of all possible situations, but it was the best they could do given what had already happened. That’s all you can ask.

Endorsement watch: Incumbents go one for three

In HISD District VII, the Chron goes with a challenger, in this case Mac Walker.

Mac Walker

In unruly classrooms and school boards alike, you’ve got good kids, you’ve got troublemakers, and then you’ve got the good kids who, for some reason, follow the troublemakers down a path to mischief.

That was Anne Sung in 2018. Amid the HISD board’s dysfunction, this Harvard-educated, former award-winning HISD physics teacher and strong advocate for special education whom we had enthusiastically endorsed for District VII trustee joined colleagues who met secretly with former Superintendent Abe Saavedra, which state officials say violated Texas’ open meetings law. Three days later she voted to swap Saavedra for interim Superintendent Grenita Lathan.

Sung apologized and said she only wanted Saavedra’s advice on state oversight issues and didn’t know of plans to hire him until moments before she voted for it.

“I didn’t understand what was happening,” she told us. We don’t know what’s worse — premeditating a school board coup or hastily voting for it, without public input, after two minutes’ deliberation.

Incumbents only lose our endorsement when there’s a qualified replacement and luckily there’s Mac Walker.

Listed on ballots as “Lee Walker” due to a district error, he’s a first-time candidate whose motivation truly seems to be raising up the district that raised him.

My interview with Mac Walker is here, with Anne Sung is here, with Bridget Wade is here, and with Dwight Jefferson is here. Clearly, Holly Maria Flynn Vilaseca got luckier with her opposition than either Anne Sung or Elizabeth Santos did. The editorial also touches on the ballot name situation, so hopefully as many people as possible will be properly informed about that.

Over in the HCC races, the Chron stays with one incumbent, Adriana Tamez in District 3.

Adriana Tamez

In 2013, when the editorial board endorsed Dr. Adriana Tamez for an unexpired term on the Houston Community College Board of Trustees, she represented a breath of fresh air on a board mired with longstanding issues of cronyism and dereliction.

Two years later, when we endorsed her again — for a full term this time — it was because she impressed us with her stalwart commitment to workforce development and unabashed calls for financial accountability in her first term. Today, she’s campaigning on the same platform.

Despite some clear blemishes on her record these past six years, her steady demeanor, deep well of educational, financial and managerial knowledge and focused grasp of the remaining gaps in HCC’s system leads us to recommend District III voters give Adriana Tamez, 57, another term representing southeast Houston.

Tamez can point to concrete achievements she’s helped usher in for HCC. From cementing partnerships with Apple and the PepsiCo Foundation to help students access career opportunities, to expanding dual-credit programs in high schools and working on investing COVID funds in resilient online infrastructure, she has put her nearly three decades of educational experience — as a bilingual teacher, principal, HISD central region superintendent, president and CEO of a charter school — to good use.

My interview with Adriana Tamez is here; I did not interview her opponent. I personally think she’s one of the better board members, and we’re going to need all the help we can get with sigh Dave Wilson coming back.

Over in HCC District 8, it’s another challenger as the Chron goes with Jharrett Bryantt.

Jharrett Bryantt

Since 2009, Eva Loredo has been a stalwart on the Houston Community College Board of Trustees, a former board chair who has provided stability and leadership through a storm of scandals.

There comes a time, though, when a bold challenger with fresh ideas can bring new vision to an entity sorely in need of it.

As such, we recommend Jharett Bryantt to represent this diverse district that stretches from southwest Houston to the Port of Houston.

Bryantt, 32, an assistant superintendent for HISD, is considered something of a rising star in education circles. Earlier this year, he was a finalist for superintendent for a mid-sized Utah school district.

His ambitions may go far beyond the borders of District VIII. Yet one of his areas of expertise — college readiness — dovetails nicely with HCC’s mission, and Bryantt impressed the editorial board with his ideas for improving HCC’s subpar 30 percent graduation rate. His proposal to tie graduation rates to the evaluation of HCC’s chancellor would bring much-needed accountability.

This kind of problem-solving was missing from Loredo’s pitch. Loredo, 69, talks about how she puts students first, but didn’t present a single idea on how to improve HCC’s declining enrollment — a 17 percent drop from 2019 to 2020. Loredo waved it off as part of a nationwide trend, which is true, but trustees should still act urgently to address it.

My interview with Jharrett Bryantt is here and with Eva Loredo is here. This is a legitimately tough choice – I have a lot of respect for Loredo, but Bryantt is an impressive and well-qualified candidate. Listen to the interviews and make up your own mind.