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May 19th, 2022:

Ken Paxton finds a new thing to lie about

This counts as personal growth for him.

Best mugshot ever

The state police made him do it.

That’s the excuse Texas Attorney General Ken Paxton gives on his Texas ethics disclosures in place of revealing, as required by law, the addresses of properties he owns in Austin and College Station.

“Redacted for security purposes on request of TX DPS,” the second-term Republican has written on every disclosure form since he began work as attorney general.

There are two problems with that statement: Nothing in the law allows him to refuse to provide the addresses, and none of the parties involved — the Department of Public Safety, Texas Ethics Commission or even Paxton’s own office — could produce any records proving such a request was ever made.

“The department doesn’t have any record of making that request,” DPS spokesman Travis Considine said.

An attorney general’s office spokesman and Paxton’s campaign spokeswoman did not respond to requests for comment.

The ethics commission is barred from releasing Paxton’s home address in McKinney to the public. He provides that address to the agency annually. It’s unclear, however, why Paxton wouldn’t disclose the addresses of his other properties.

The agency, which enforces campaign finance and political ethics laws, keeps the information on file to ensure transparency for voters and guard against conflicts of interest. Paxton did include the properties’ counties, zip codes and acreage on the paperwork.

One of the unknown addresses is likely that of an Austin home that Paxton’s former aides claim was remodeled by Nate Paul, one of the various perks they said Paxton received in exchange for using his office to benefit Paul, a wealthy investor and campaign donor.

The home, in the Tarrytown neighborhood of Austin, was purchased by Paxton in 2018, county records show. Its appraised value in 2022 was nearly $1.7 million.

[…]

By state law, the ethics commission must redact a fair amount of information from the ethics commission forms before releasing them to the public, including: filers’ home addresses, telephone numbers and names of dependent children.

People who hold public office can check a box to indicate an address is a home address, as Paxton has done most years for his McKinney property, which has a market value of nearly $1.2 million. But those redactions are the commission’s purview.

“A filer may not choose to make their own redactions,” said J.R. Johnson, general counsel with the Texas Ethics Commission. “A filer must include all information required by law.”

Except that Ken Paxton doesn’t care about that. He’s a law unto himself, and he doesn’t answer to anyone else. More to the point, he has figured out that there isn’t anyone or anything that can hold him accountable for his utter contempt for laws and rules and other things that chumps subject themselves to. Well, maybe the voters, and maybe someday the criminal justice system. But until then, he’s gonna keep on giving the system the finger.

How will abortion bans be enforced?

The good news is that anti-abortion zealots don’t yet know how they’re going to force women to give birth. The bad news is we cannot count on that to continue to be true.

Right there with them

It took next to zero effort for pandering Republican state legislators to obtain cut-and-paste, ALEC-generated laws banning and criminalizing all abortions in their states, then brag and fundraise after such laws were passed by a willing Republican governor. But now that the Supreme Court is apparently set on overruling Roe v. Wade, the much harder part—as Republicans are about to find out—is figuring out how such laws terrorizing pregnant people will actually work in practice.

How do you go about catching and punishing someone who violates these laws? What tools of law enforcement will be necessary? How do you collect the evidence necessary for a prosecutor to charge someone with “aiding and abetting” an illegal abortion, for example? Can you dangle a lesser sentence if they agree to confess or cooperate against the suspect? And once the unrepentant offender has been apprehended, what sort of forensic examination methods or interrogation techniques should be utilized to prove their “crime?” Under what conditions?

[…]

None of the states that provide “exceptions” in cases, for example, involving rape or incest, or to protect the health and life of the mother could provide any guidance as to how such determinations would be made. As Einbinder and Kaskins point out, nearly two-thirds of rapes go unreported, so what type of evidence would be required to apply such an exception? Idaho, Mississippi, and Utah require that the rape be reported to law enforcement before an abortion will be “permitted,” while other states do not. Do prosecutors expect the rapist to voluntarily confirm his behavior?

And what type of medical testimony would be sufficient to establish that a person’s life was actually threatened by their pregnancy? Would there exist a ready cottage industry of experts used by prosecutors to rebut such a claim? Would doctors in a state that provides no such exception be forced to simply sit and watch the pregnant person die?

As Einbinder and Kaskins observe, no one in any of these states so eager to criminalize reproductive choices seems to know the answers to any of these questions. Most of Insider’s requests yielded no records (one district attorney from Shelby County, Tennessee, called their inquiries “political grandstanding”), or were met with bland statements that the agency was not involved in “enforcement”.

It seems clear to me that a big part of the playbook is just having laws that criminalize abortion in whatever form on the books. As we know from the SB8 experience, that by itself serves to intimidate and scare many women away from exploring whatever options they may still have, and also incentivizes fellow zealots to rat out anyone they suspect of engaging in behavior they don’t like – remember, it was someone involved in Lizelle Herrera’s medical care that reported her to law enforcement. If that’s not enough, the next step will be to make it easier for law enforcement to investigate the women in question, which will necessarily mean invasive searches of medical records, Internet and phone records, and who knows what else. Just look at the DFPS investigations of the families of trans kids for a preview of what that might resemble.

It’s likely that at least at first, enforcement of new anti-abortion laws will be uneven, as prosecutors will exercise their discretion as they can. The current Bexar County DA has already said he won’t prosecute abortion cases, and he won’t be alone in that. But DAs can lose elections, and with Ken Paxton actively seeking to bulldoze over DAs who refuse to go along with his agenda, authorizing the AG to pick up these prosecutions will be on the agenda if the zealots deem it necessary. There are no norms or traditions or existing laws that will stop them.

There do remain some ways for blue cities and suburbs to put up resistance even with all that.

Data. Immigration sanctuary cities responded to shifts in federal law during the Trump administration with a data management strategy. Do you need someone’s immigration status? If not, don’t write it down or put it in a database. Local hospitals, whether in red or blue states, should carefully consider what kind of records they must keep about people accessing care related to abortion or miscarriage, along with other kinds of soon-to-be-banned care. County hospitals can also commit to objecting to subpoenas requesting medical records, and instead force courts to compel their cooperation. They can choose not to question a patient’s narrative; they can decline to allow police to question a hospitalized patient.

Nonprosecution. Progressive district attorneys have won election in cities across the country in recent years, including in red states. Some in red states have already said they will refuse to prosecute criminal cases involving abortion. We need to demand that progressive prosecutors nationwide use their broad discretion to decline to prosecute doctors and patients for accessing abortion, for “suspicious” miscarriages, and for using types of birth control outlawed by state abortion laws that mistake pregnancy prevention for pregnancy termination. Even in states like Texas and Florida, it is often local elected prosecutors who will be making those determinations, at least for now.

On the flip side, advocates should be partnering with civil liberties organizations to scrutinize local police departments’ use of big data technologies, which could be used to identify and locate those who have accessed abortion care. Some cities, such as Oakland, California, have privacy task forces that must approve any new technology used for surveillance purposes. Such government bodies could, for example, refuse to approve any technology that makes use of data from period- or fertility-tracking apps. Cities might also consider directing their own police departments not to run searches of residents’ internet searches related to health care.

With the right resources, public libraries could also provide a space for residents to search for information related to self-managed abortion without leaving a search history on their personal devices. Blue cities in red states could provide funds to advertise the availability of library computers, purchase more devices if needed, and even set up the physical space in a way that affords computer users some degree of privacy.

Advice. Another important role cities play is giving advice to their agencies and hospitals and to the public at large. Cities can advise OB-GYNs concerned about their own vulnerabilities, particularly given laws that seek to criminalize routine care even when performed out of state and to deputize citizens to sue health care providers. These localities should develop a clear channel for providers to ask questions about how best to protect themselves while still providing care. Many local governments already have systems in place for disseminating information. During the pandemic, cities have used websites, automated texts, central phone lines, and more to make rapidly changing information and guidance available about COVID-19. Drawing on these strategies, local librarians and public health departments can play an important role in providing information about self-managed abortions. Cities need to think about how their employees might provide guidance, such as by handing out informational pamphlets or via websites and transit ads, and explore strategies for protecting employees and residents alike from liability.

These are all good ideas, but we’ve already seen in Texas that the Republican legislature and state leadership will not let cities stand in their way of anything. As long as they have the power to pass laws that overrule local ordinances or compel cities to do things, they will. It always comes back to the same truth that until we change who’s in charge of the state, we’re not going to be safe from this kind of abuse. We can brainstorm and strategize all we want, and we will have to for at least the short term, but in the long term that’s a losing battle. Winning more elections is the only way forward.

2022 Kinder Houston Area Survey

Lots of optimism in here.

Dr. Stephen Klineberg’s final survey of the Houston area leaves him with hope. Yes, residents are concerned about the economy and crime, and their mental health has not improved even as the COVID-19 pandemic has begun to wane, but it’s not all doom and gloom, according to the 2022 Kinder Houston Area Survey released Tuesday.

Shifting attitudes toward public education, diversity and Houston’s place in America’s growth, in particular, give Klineberg reason for optimism — and if there’s anyone here who can claim to be an expert on Houston’s population, it’s the man who has annually written the most comprehensive report on the city’s residents since the survey’s inception in 1981.

“It’s hard to be pessimistic over the long haul in Houston because there’s just so many things happening in Houston. Whatever you’re passionate about or whatever you care about, there’s wonderful things happening in the city, and a population that really cares about Houston and wants it to succeed,” Klineberg said.

Still, there’s no denying that Houstonians have real concerns about the state of the city. Twenty-eight percent of the survey’s 1,958 randomly selected respondents said that the economy was their biggest concern, and crime closely followed with 25 percent.

The pandemic also left lasting scars on residents’ mental health. Seventy-six percent of respondents said that their stress and anxiety have increased, and 57 percent reported feeling increasingly lonely and isolated since the pandemic started over two years ago.

[…]

Nearly two-thirds of Houston-area residents said they support a person’s right to an abortion for any reason, and more than 90 percent said they support it if the person’s health is endangered by the pregnancy.

Klineberg was glad to see, for the first time since the survey began, that a majority of non-Hispanic white people, 51 percent, agree that people of color don’t have the same opportunities as them — a 15 percent rise since 2020. Fifty-seven percent of Hispanic people now agree with that statement, and 17 percent of Black people.

“For the first time over the years of the surveys, majorities in all three of Houston’s largest ethnic communities now agree in acknowledging the racial inequities in access to economic opportunity in American society today,” the report states.

The survey later adds that “area residents of all ethnicities have been giving increasingly positive evaluations to relations among the ethnic communities, and they are more likely than ever before to say that they have close personal friends across the ethnic divides.”

That’s especially important in Houston, says Klineberg, because U.S. census projections show that the rest of the country will mirror Harris County’s racially diverse demographic in the coming decades, according to the report.

“Houston is called upon to be a model for the rest of the nation, to take the lead in building something that has never existed before in human history—a truly successful, inclusive, equitable, and united multiethnic society, comprising virtually all the peoples, all the ethnicities, all the religions of the world, gathered here, in this one remarkable place,” the report states.

Among its most notable finds, for Klineberg, was a big jump in the percentage of people who support “significantly more money” for public schools, up to 67 percent from 55 percent in 2020. In 1995, that number was just 41 percent.

The steady rise in support for education funding signals to Klineberg that Houstonians may be moving away from the industrial mindset during the oil and gas boom of the 1960s and 1970s — when loose regulations, free enterprise and low taxes helped wealthy businessmen flourish, but left many others behind.

“Area residents, who have traditionally been opposed to government intervention of almost any sort, appear to be rethinking their basic assumptions about the nature and causes of poverty in America,” the report states.

See here for what I had on the 2020 Survey. I must have missed the 2021 Survey but I’ve blogged about several others in the past: 2013, 2016, 2017, and 2019. The Kinder HAS page is here, and I recommend you peruse it when you get a minute. As the story notes, Dr. Stephen Klineberg is retiring from Rice after doing this survey work for 40 years, which has been a huge boon for all of us. There’s a nice retrospective of his work here. Enjoy!

Texas blog roundup for the week of May 16

The Texas Progressive Alliance stands with the people of Ukraine, and also decries the misogynist and regressive SCOTUS draft opinion on abortion, as it brings you this week’s roundup.

(more…)

2022 primary runoff Day Three EV report: Not quite as many mail ballots

Let’s get right to it. Here is the Day Three EV report for the primary runoffs. Here are the vote totals through Wednesday:


Party    Mail   Early    Total
==============================
Dem    15,675  10,993   26,668
GOP    12,735  26,794   39,527

And as a reminder, here they were for Day One:


Party    Mail   Early    Total
==============================
Dem    20,357   3,050   23,407
GOP    20,735   8,049   28,782

You may be wondering, as was Campos and as was I, what happened with the mail ballot totals? I called the Election Office to ask. The short answer is that they accidentally combined the Dem and GOP mail ballot totals in putting together the Monday report. They realized the error Tuesday morning, found where they had gone wrong, and fixed it for the Tuesday evening report. If you compare the numbers in the daily report to those in the unofficial ballot by mail report, the totals will match – I checked that on Wednesday before the Day Three report came out, and both it and the early voting roster numbers synched up. That’s all there was to it.

As for turnout so far, obviously the Republicans have more. The AG race is probably the main driver, but runoffs are funny, with a shorter timeframe for voting and fewer races of interest. In 2018, Dems went from 167,982 in the primary to 57,590 in the runoff. Republicans went from 156,387 in their primary to 50,959 in their runoff. I expect both to be exceeded this time around. Beyond that, not much to say. I’ll be voting today. Have you voted yet?