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December 16th, 2021:

Filing update: This is why we have to wait a few days before we know for sure who’s running

In the end, Rep. Lizzie Fletcher avoided a contested primary.

Rep. Lizzie Fletcher

In less than 24 hours, U.S. Rep. Lizzie Fletcher went from having a competitive primary election in March to getting a free pass to the November general election for Houston’s 7th Congressional District.

On Monday morning, Centrell Reed, a Houston Democrat, qualified to be on the March 1 primary ballot against Fletcher. And later in the day, wealthy businessman Muhammad Tahir Javed filed to join the race just before the deadline to qualify.

But by the end of Tuesday, both challengers dropped out under pressure from key members of Congress.

Reed pulled out by the end of Monday and switched to a different Congressional race. And on Tuesday, Javed acknowledged he was being asked to get out of the race, but said he was determined to stay in it. Several hours later, Javed declared he had pulled out, too, with no further explanation.

[…]

Javed said a big reason he wanted to run for Congress was because of how the district had been redrawn to include nearly 200,000 new people from diverse Fort Bend County. The result is the 7th District now has the largest percentage of Asian voters of any in the state. About 70 percent of the voting-age population is now non-Anglo and 21 percent of the voting-age population is of Asian descent, according to U.S. Census records.

Javed, who immigrated from Pakistan nearly 20 years ago, said he felt like the district was perfectly drawn for him.

“This is home,” he said. “Our communities need representation.”

Javed, 55, has more than two dozen companies including hospitals, distribution networks, and real estate businesses. One of those businesses is Riceland Healthcare in Beaumont where former Congressman Nick Lampson, who once represented areas of Fort Bend County, is the chief operations officer.

The minute he got in the race, Javed said his phone started lighting up with people trying to get him to reconsider.

Reed, who lists her occupation as being in media, refiled her papers to run in the newly created 38th Congressional District, which includes parts like the Energy Corridor that have been in the 7th Congressional District. In that March 1 Democratic primary Reed will face Diana Martinez Alexander, who ran for Harris County Commissioners Court in 2020 and Duncan F. Klussmann, the former superintendent of the Spring Branch Independent School District.

See here and here for some background. For a lot of obvious – and yes, often self-serving – reasons, parties usually don’t like primary challenges to sitting incumbents. While Rep. Fletcher is no longer in a swing district, there would be a lot of money spent in her primary, and that’s money that could have been spent in November instead. It is what it is, and you can feel about it however you want. I will note that Centrell Reed has now made an announcement about her candidacy, which I am glad to see. I suppose this story explains why there hadn’t been an announcement before.

I don’t have any strong feelings about this right now. I like Rep. Fletcher and am not unhappy that she will be renominated, but I wasn’t terribly worried about her ability to win in that now-moot contest. I’d be interested to hear what Centrell Reed’s experience was – while Javed acknowledged that he came under pressure to leave the race, Reed wasn’t quoted about the issue in the story. Maybe she thought that CD38, which up until the end had no Dems running, would be a better race for her, I don’t know. I understand why Congressional Dems would want to clear the field for Rep. Fletcher – protecting fellow incumbents is always a top priority – but it’s not pretty to observe. This is what we have now.

CCA tells Ken Paxton he’s not the supreme prosecutor

Cry me a river, Kenny.

Best mugshot ever

Texas’ highest court for criminal cases on Wednesday struck down a law that allows the attorney general to unilaterally prosecute election cases.

The state’s Court of Criminal Appeals issued an 8-1 opinion saying a provision of the law violates the separation of powers clause in the Texas Constitution, representing an intrusion by the executive branch into the judicial branch. The attorney general can only get involved in a case when asked to by a district or county attorney, the court said.

Attorney General Ken Paxton, a Republican who has been aggressive in trying to root out voter fraud, bashed the opinion from the all-GOP court. He said in a tweet that the ruling “could be devastating for future elections in Texas.”

At stake was a part of the election code that says the attorney general, the state’s top law enforcement officer, “may prosecute a criminal offense prescribed by the election laws of this state.”

The provision was thrown into jeopardy by a long-winding case involving Jefferson County Sheriff Zena Stephens. After the county district attorney declined to prosecute Stephens over campaign-finance allegations stemming from the 2016 election, Paxton’s office stepped in and obtained an indictment from a grand jury in neighboring Chambers County.

In its opinion, the Court of Criminal Appeals overturned a lower-court ruling that said the election code provision “clearly and unambiguously gives the Attorney General power to prosecute criminal laws prescribed by election laws generally whether those laws are inside or outside the Code.”

Rather, the Court of Criminal Appeals said, “the Attorney General can prosecute with the permission of the local prosecutor but cannot initiate prosecution unilaterally.”

I don’t have any posts about this, but from reading the opinion, Sheriff Stephens, who was elected in 2016, was charged with making false claims on her finance report, specifically claiming that some $5,000 contributions were actually under $50. I don’t know what her explanation was, or why the JeffCo DA declined to prosecute. The rest of the opinion is pretty dense and technical, but the summary of what is at stake is quite simple. Here’s the opening paragraph from the opinion:

Zena Collins Stephens appeals both the court of appeals’ denial of a pretrial writ of habeas corpus and its reversal of the district court’s decision to quash Count I of the indictment. She presents the following question: May the Texas Legislature delegate to the Attorney General, a member of the executive department, the prosecution of election-law violations in district and inferior courts? No. Because Texas Election Code section 273.021 delegates to the Attorney General a power more properly assigned to the judicial department, we conclude that the statute is unconstitutional. Therefore, we reverse the decision of the court of appeals and remand the case to the trial court to dismiss the indictment.

And here’s the section of the law in question, which is now null and void. Interestingly, that law passed originally in 1985, and was last modified in 1997. Either no AG had ever tried this before, or there are some people that have been prosecuted and maybe convicted under this statute that deserve some relief.

Anyway. I for one will sleep better tonight knowing that Ken Paxton does not have unfettered discretion to bring vote “fraud” charges against anyone he feels like. (I’m also old enough to remember when the main function of the AG’s office was civil enforcement and collecting child support. My aunt worked in that office in the 80s and 90s, and that was what her department did.) I’ll give the last word to these gentlemen:

I’ll take my wins where I can get them.

Settlement in Larry Nassar abuse case

Good.

The legal wrangling between USA Gymnastics and the hundreds of victims of sexual abuse by former national team doctor Larry Nassar, among others, is over after a $380 million settlement was reached.

The fight for substantive change within the sport’s national governing body is just beginning.

A federal bankruptcy court in Indianapolis on Monday approved the agreement between USA Gymnastics and the U.S. Olympic and Paralympic Committee and the more than 500 victims, ending one aspect of the fallout of the largest sexual abuse scandal in the history of the U.S. Olympic movement.

Over 90% of the victims voted in favor of the tentative settlement reached in September. That agreement called for $425 million in damages, but a modified settlement of $380 million was conditionally approved by the court. More than 300 victims were abused by Nassar, with the remaining victims abused by individuals affiliated with USA Gymnastics in some capacity.

The financial reckoning is just one part of the equation. A series of nonmonetary provisions will make the victims stakeholders at USA Gymnastics going forward. The provisions include a dedicated seat on the organization’s Safe Sport Committee, Athlete Health and Wellness Council and board of directors, as well as a thorough look at the culture and practices within USA Gymnastics that allowed abusers like Nassar to run unchecked for years.

[…]

Rachael Denhollander, who in the fall of 2016 was the first woman to come forward to detail sexual abuse at the hands of Nassar, said the provisions were a pivotal part of the mediation process.

“It’s not about money, it’s about change,” Denhollander told The Associated Press in a phone interview. “It’s about an accurate assessment of what went wrong so that it is safer for the next generation.”

Denhollander has been one of the most outspoken Nassar victims from the outset of the scandal. She said it was important to move past the legal proceedings so women can move forward with their lives and get the help they need.

“The frank reality is the longer this goes on, the more difficult it is for survivors,” she said. “So many of these women, they can’t access medical care without a settlement. We had to balance that reality with the length of time it was taking. We felt it was in the best interest of everyone to accept this settlement … so that survivors would receive some semblance of justice.”

Denhollander pointed out some of the medical care required is not covered by certain types of insurance. The settlement will ease part of the financial burden.

The settlement comes nearly four years after an emotional sentencing hearing in Michigan in which hundreds of women detailed their experiences with Nassar and the toll it took on their lives.

This story has Texas connections, in part because Simone Biles is one of the plaintiffs, and in part because a lot of that abuse took place at the Karolyi Ranch. I’m glad these women will be getting the money, and I hope it helps them with whatever treatment and healing they need. I also hope those changes to the structure of USA Gymnastics brings about real change in that organization, and real accountability for it going forward. What happened here was horrible enough. Anything less than a full effort to make sure it never happens again is not enough.

Texas blog roundup for the week of December 13

The Texas Progressive Alliance knew that SCOTUS was a partisan institution a long time before putting together this week’s roundup.

(more…)

A broader look at the Houston project to track COVID in wastewater

The DMN tells me things I did not know about my current favorite public works project.

The [Houston] health department is conducting the wastewater surveillance for COVID-19 in partnership with researchers at Rice University and Baylor College of Medicine. Wastewater testing cannot identify individual people who have COVID-19, but it can identify neighborhoods with particular virus variants or relatively high virus loads.

Dallas County is not participating in similar wastewater surveillance to track the virus, said Dr. Philip Huang, director of Dallas County Health and Human Services. He said he doesn’t know of any other organizations or municipalities in North Texas that are operating similar programs.

While Dallas County previously considered using wastewater surveillance, the price of creating such a system was too high. “It’s actually quite expensive to set that up,” Huang said.

“After the 10-week survey, [the water district] discontinued its participation in the study due to inconsistent data that required continuous interpretation by local and state public health officials,” said Kathleen Vaught, public relations specialist at the water district.

Public health experts have long used wastewater samples to track the growth and spread of bacteria and viruses, like the poliovirus.

The Centers for Disease Control and Prevention began discussing the use of the tool to study COVID-19 in February 2020.

By September of that same year, the CDC and the U.S. Department of Health and Human Services launched the National Wastewater Surveillance System, also known as NWSS, to help state, tribal and local health departments track and respond to COVID-19.

[…]

Houston is the only Texas city to participate in the NWSS, although that could change as the program grows in the next month, said NWSS team lead and CDC microbiologist Dr. Amy Kirby. Data taken from Houston wastewater samples is submitted to a national database tracking similar data from nearly 400 utilities across the country.

The University of California, Merced’s Naughton Lab created and maintains a dashboard, called COVIDPoops19, to track global wastewater testing for the virus.

I just want to say that learning of the existence of a dashboard called COVIDPoops19 has improved my life in ways I could not have imagined. You can zoom in on Houston in this dashboard and click on the various icons to learn more; clicking on the icon for Baylor College of Medicine led me to the actual Houston dashboard for this, which I had not seen before. If you play around with the slider, which shows you what the viral levels were for past weeks, you can see that the inflection point for this year was the week of June 21 – levels had been dropping through June 7, then you saw a few upticks on June 14, and on the 21st it was all increases, and it got worse for the next few weeks. We’re on more of an upward trend right now (December 6 is the most recent date), but there are increases and decreases in the various locations. I’m going to be bookmarking this page. Anyway, if you want to know more about this project, there you go.