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November 1st, 2021:

Of course Texas sues over federal vaccination mandates

On brand. Always on brand.

Attorney General Ken Paxton, on behalf of the state, sued the Biden administration on Friday over its coronavirus vaccine mandate for federal contractors.

The federal requirement, which is set to take effect Dec. 8, calls on all federal workers and contractors to be vaccinated against COVID-19. The Texas lawsuit comes after similar suits filed by Florida and Georgia, along with several other states.

“The Biden Administration has repeatedly expressed its disdain for Americans who choose not to get a vaccine, and it has committed repeated and abusive federal overreach to force upon Americans something they do not want,” Paxton said in a statement. “The federal government does not have the ability to strip individuals of their choice to get a vaccine or not. If the President thinks his patience is wearing thin, he is clearly underestimating the lack of patience from Texans whose rights he is infringing.”

Paxton and fellow Republican Gov. Greg Abbott have been at war with local and federal officials over vaccinate mandates. Earlier this month, Abbott expanded an executive order to block the requirement for any entity in Texas, including health care facilities and private businesses. He previously banned cities, counties, school districts and state agencies from requiring vaccines. Lt. Gov. Dan Patrick has tweeted that vaccination “should never be forced on anyone by the state or a private employer.”

The lawsuit alleges the Biden administration acted unconstitutionally in drafting the vaccine mandate policy. It also argues that the administration required congressional approval to enforce it.

[…]

On Friday, the U.S. Supreme Court on Friday declined to block Maine’s vaccine mandate, though that request came from a group of health care workers who argued their religious liberty rights had been violated because the mandate did not allow for a religious exemption. The highest court has also rejected challenges to vaccine mandates at Indiana University and in a New York City school system.

I took a quick look around Twitter at the national and constitutional lawyers that I follow who often weigh in on this sort of thing, and as of Saturday night none of them had said anything about this. Maybe they all have better things to do with their time, and maybe they think this isn’t worth commenting on. I don’t know. But my sense is that this is mostly a for-show lawsuit, to impress the ravening hordes, and is unlikely to get anywhere. I could be wrong. The one thing I will note is that there are already a lot of employer mandates out there, and they are both getting people vaccinated and making more people comfortable with the idea. So whatever does happen, it may not matter all that much anyway.

Get your kids ready for their COVID shots

At long last.

The U.S. Food and Drug Administration on Friday authorized the emergency use of the Pfizer-BioNTech COVID-19 vaccine on children ages 5-11, marking a long-awaited milestone in the nearly two-year fight against the deadly virus that experts say has likely already infected nearly half the population in that age group.

In Texas, that makes up to 2.9 million children eligible for the vaccine.

The federal regulatory agency said the vaccine is safe and effective for children in that age group. The Pfizer test results shared with the FDA show that its vaccine prevents symptoms in most children and causes no side effects more serious than those already seen in older age groups. FDA panelists decided that the benefits of the vaccine for children ages 5-11 — many of whom have suffered isolation, depression and learning loss throughout the course of the pandemic — outweigh the risks associated with the Pfizer shot.

“As a mother and a physician, I know that parents, caregivers, school staff, and children have been waiting for today’s authorization. Vaccinating younger children against COVID-19 will bring us closer to returning to a sense of normalcy,” said Dr. Janet Woodcock, acting FDA commissioner. “Our comprehensive and rigorous evaluation of the data pertaining to the vaccine’s safety and effectiveness should help assure parents and guardians that this vaccine meets our high standards.”

Still uncertain, however, is whether the U.S. Centers for Disease Control and Prevention will limit the shots to only children with preconditions that put them at high risk of serious disease from COVID-19 — a decision expected next week.

The FDA’s announcement, which follows a recommendation by its vaccine advisory panel earlier this week, triggers an initial federal allocation of more than a million doses destined for children ages 5-11 to providers in nearly half of Texas counties. Those will start landing in Texas pharmacies, pediatrics offices, health clinics and hospitals within a few days, state health officials said.

After the first federal shipment, others will continue on a weekly basis. The amounts will vary based on providers’ requests, officials said.

Most of the parents I know nowadays have older kids who are already vaccinated, and yet I know plenty more who will be ready and eager to get their kids vaxxed. As with every other instance of this vaccine, I expect there will be a big surge up front as all of the willing people stampede to get it done, followed by a long fallow period in which the reluctant, the folks with access issues, and eventually some of the holdouts who meet up with mandates of one form or another get around to it. The boost to the overall vaccination rate in the state should help keep things under control, more or less, through the winter. It’s good news for many, and we have been waiting for it. The Chron has more.

The culture wars always come for the school boards

Everything old is new again.

Across Texas this year, school board meetings have burst into heated ideological fights over mask mandates, vaccines, and lessons on racism labeled as “critical race theory,” bringing a new level of rancor to volunteer boards chosen in nonpartisan elections.

Just north of Houston, Ginger Russell took a turn at the mic in July at a Conroe ISD school board meeting. Before she started on her speech, she said it “wouldn’t be loving to you” to not tell the previous speaker he was living in sin as a gay person.

She turned from there to critical race theory, saying the superintendent was lying when he denied that the district teaches it. She described the district’s diversity, equity and inclusion efforts as “Marxism.”

Russell is not a parent of a child in the district. She homeschooled her two daughters years earlier. A right-leaning Montgomery County online publication that has has promoted her speeches at Conroe ISD meetings throughout this year described Russell as “a conservative Republican political leader.”

In late August, high emotions were in evidence when trustees of the Schertz-Cibolo-Universal City Independent School District in northeast San Antonio met to decide whether masks should be mandatory or optional in schools.

As they debated, trustees were heckled by members of the audience, some of whom were removed by security officers after ignoring warnings not to interrupt the discussion.

“I think we’ve lost some civility here. This has become so contentious and so polarizing in this district, it’s crazy,” said trustee Robert Westbrook, who joined a 6-1 majority that voted to make masks optional.

[…]

“We certainly have seen the board room becoming kind of the center of the culture wars, right?” said Dax Gonzalez, spokesperson for the Texas Association of School Boards. “Really just a lot of really hyperbolic discussion, not even discussion just hyperbolic accusations and statements are being made. What’s funny is that behavior we wouldn’t tolerate in the classroom is now happening in the board room.”

The newfound politicization and hostility of school boards seems to be an extension of heightened polarization over the last decade in the federal government and state governments. Even on a personal level, recent research suggests Americans are more unwilling than in the past to date those who do not share their political beliefs.

National groups such as the 1776 Project are raising money to organize conservatives against lessons labeled as critical race theory in school districts, and Turning Point USA is maintaining a “school board watchlist” to fight against “leftist indoctrination.” Included on the list are Forth Worth and Houston ISDs.

Across Texas, conservative Facebook groups and blogs are cropping up for school board issues. Local parties have weighed in, such as when the Travis County GOP accused Round Rock ISD of violating the Open Meetings Act after a contentious board meeting. And in El Paso, local groups have paid for activists to travel around to different board meetings to speak out against critical race theory, often in vitriolic and angry terms, Spectrum News reported.

Conservative activists have been targeting school boards, for electoral takeover and other chaos, since at least the 70s and probably well before that. I’m old enough to have attended a talk by some progressive activist speaker in the 90s about the conservative “stealth” candidates running for and winning school board seats around the country, as part of a larger effort to build a bench for higher offices. I’m not trying to dismiss or minimize any of this, just noting that it’s a tale as old as time. The particulars of what is being shouted about this time are different, and the threats of violence are more credible and fearsome (mostly because there are so many more guns out there), but the basics are the same. I think the best things we can do in response are take the threats seriously and support efforts to hold miscreants accountable, and to be engaged with and participate in every election. We still have the electoral advantage in a lot of these places, we need to make sure we use it.

The SCOTUS hearing on SB8 is today

I have no idea what to expect.

The U.S. Supreme Court will take up on Monday the highest-profile legal challenges to Texas’ new abortion law. The Supreme Court previously declined to act on the near-total abortion ban, making next week’s proceedings the first time the high court is stepping in on lawsuits seeking to stop it.

The court will consider two suits against the law, commonly referred to as Senate Bill 8, which blocks abortions as early as six weeks into a pregnancy. One is waged by the federal government, the other by a group of abortion providers and advocates.

The Supreme Court’s review will focus on how SB 8 is enforced, not abortion rights themselves. It’s hard to predict what the court could decide, but its ruling will likely determine the future of abortion care in Texas and shape the legal battles to come.

See here for the more in depth look at the legal questions; the Trib story is a recap of where are are now. Like I said, I have no idea what to expect. There are too many members of this court that cannot be trusted. What they do with this case will tell us how deep that goes.