Off the Kuff Rotating Header Image

May 14th, 2023:

Weekend link dump for May 14

“Even as the SAT and its chief rival, the ACT, have become less important in admissions, they are becoming more universal for a different purpose: as a measure of high school achievement. More and more high schools have turned to the SATs and ACTs as their standard assessment tool for their students’ progress, entirely separate from the college admissions process. The result is a standardized testing landscape that has been shaken up, and whose future looks murky, at best.”

“Memo to the Media: You Are Not Obligated to Cover a Crackpot Like Robert F. Kennedy, Jr.”

“One key area the WGA is keen to bring attention to is the total lack of transparency from streaming services over viewership numbers, a process that has left many writers and showrunners unable to negotiate for fairer pay.”

“This isn’t a safe place to practice medicine anymore.”

RIP, Newton Minnow, former FCC Chair who in the early 1960s famously decried the state of American television as a “vast wasteland”.

RIP, Vida Blue, multi-time All Star and 1971 MVP pitcher for the A’s and Giants.

RIP, Chris Strachwitz, self-described “song catcher” whose label helped record and preserve an incredible quantity of music from the southern United States and Mexico.

“Netflix Users Are Trying To Game The System To Prevent Their Favorite Shows From Getting Canceled“. See that earlier story about lack of transparency from streaming services? This is where it takes us.

The mystery of the pink beret-wearing insurrectionist has been solved.

“A battery holds energy to be used later. Aquifers can be leveraged to do something similar: They can exploit the insulating properties of the Earth to conserve thermal energy and transfer it to and from buildings above ground. The temperature of water in an aquifer tends to stay fairly stable. This provides a way to heat and cool nearby structures with energy stored in water, instead of burning natural gas in furnaces or tapping into fossil-fuel-derived electricity to run air conditioners.”

“Here are a few of the wildest ways that Hollywood coped—for better or, mostly, for worse—with the 2007–2008 writers strike, producing some compelling, unexpected, and ultimately weird work along the way.”

RIP, Joe Kapp, former NFL and CFL quarterback, first Latino quarterback to lead a team to the Super Bowl.

“Clark is part of Archiving The Black Web, a group of digital archivists seeking to preserve the stories of Black people and extend existing archival practices to the digital sphere. This group and others hope to document not just the content created on the platform but how Black people use it for communication and community. They see an urgency to preserving Black Twitter in a world in which Black history and Black women’s cultural labor are undervalued or unacknowledged — and where the future of Twitter seems unknown.”

“This was a civil trial, not a criminal one, so Trump is not a convicted sexual assailant. But for the first time, a court of law has assessed the credibility of the former president against that of one of his accusers.”

“Sometimes the truth wins out.”

RIP, Deacon Jones, former MLB player, scout, and coach, first Black man recognized by the Hall of Fame, longtime executive/face of the franchise for the Sugar Land Space Cowboys.

Two headlines: George Santos Charged With Wire Fraud, Money Laundering, False Statements, George Santos Surrenders to Face Federal Criminal Charges. This really was quite a week, wasn’t it?

RIP, Denny Crum, Hall of Fame college basketball coach who led the Louisville men’s team to two NCAA championships.

“The point, as you can see, isn’t to remediate any specific set of concerns. It’s to get a news organization into the posture of a supplicant. That both defangs the news organization from playing its proper role.”

RIP, Jaclyn Zeman, actor best known for her long stint on General Hospital.

“Part of why so many men turn out to be like that — creepy and unsafe — is because the self-appointed and/or nominally God-ordained Moral Instructors spend more energy policing women for potential violations of their alleged ideal form of femininity than they spend teaching men forms of masculinity that don’t make them creepy and unsafe.”

“One thing last night made clear is that not only doesn’t “fact-checking in real time” work on Trump, it’s actually JUST WHAT HE WANTS. Allow me to explain…”

RIP, Hodding Carter III, journalist and civil rights activist who was the spokesperson for the State Department during the Iran hostage crisis.

House passes bill to ban gender affirming care for minors

Friday was a bad day.

Texas has taken a major step toward banning transgender minors from getting puberty blockers and hormone therapy — care that medical groups say is vital to their mental health — after the state House gave Senate Bill 14 initial approval Friday.

Trans Texans and LGBTQ advocates consider the bill one of the most consequential pieces of legislation in this year’s legislative session. It would ban trans people younger than 18 from getting certain transition-related care. Kids already accessing treatments would have to be “weaned off” in a “medically appropriate” manner, the bill says. It also bans transition-related surgeries, though those are rarely performed on kids.

The House’s vote to advance the bill followed over five hours of pushback from Democrats, who had successfully delayed the bill on a technicality twice last week. On Friday, Democratic lawmakers once again tried to raise points of order, a parliamentary maneuver aimed at delaying or defeating bills, but their efforts failed this time. Some Democrats, though, defected and voted in favor of the bill.

The initial vote was 92-48, though three Democrats later said they accidentally voted in favor and meant to oppose the bill. Still, nine other democrats voted for the bill, according to the vote record. State Rep. Charlie Geren of Fort Worth was also listed as voting against the bill — the only Republican to do so — even though he is a co-sponsor of the legislation and later tweeted that he was proud of its initial passage.

As SB 14 advances, Texas — home to one of the largest trans communities in the country — is moving ever closer to joining over a dozen states in restricting transition-related care for minors. The American Civil Liberties Union and Lambda Legal have already raised legal challenges against several of them. And judges have so far blocked the efforts to limit these treatments for trans youth in Alabama and Arkansas.

Pending one more final vote in the House, SB 14 would return to the Senate, which has already passed a version of the legislation that mandates an abrupt cutoff as opposed to a tapering off process.

Trans Texans, their families and medical groups say transition-related care is critical to supporting the mental health of trans youth, who are already facing higher risks of depression and suicide than their cisgender peers. Getting access to these treatments, they say, is time intensive and requires multiple medical evaluations. Parents are included in decisions about what treatments, if any, are best for individual children.

“The bill in front of us today is banning health care,” said state Rep. Mary González, D-Clint, while advocating for a failed amendment that would have largely foiled the legislation. “Politics shouldn’t determine health care, period.”

Some Democratic lawmakers, including the nine openly LGBTQ state representatives, stood outside the chamber prior to debate and read letters from trans youth who would be affected by SB 14 and their families. And earlier in the day, LGBTQ Texans and their allies marched to the Capitol to protest the legislation, just over a week after state police forcefully booted scores of them from the Capitol and handcuffed two.

“We’re rising up. The whole LGBTQIA community is fighting back against a group of people who, at their core, don’t want us to exist,” said Danielle Skidmore, a longtime Austin resident and trans woman who came to the Capitol on Friday to protest the bill.

[…]

Several Democratic lawmakers voted for the bill, according to the vote record: state Reps. Alma Allen of Houston, Rhetta Bowers of Rowlett, Harold Dutton of Houston, Tracy King of Batesville, Armando Martinez of Weslaco, Suleman Lalani of Sugar Land, Mary Ann Perez of Houston and Shawn Thierry of Houston. Democratic state Reps. Christian Manuel of Beaumont, Penny Morales Shaw of Houston and Jessica González of Dallas initially voted for the bill, according to a record of the vote, but quickly said those were accidents and that they meant to vote against it.

Thierry, the lone Democrat to publicly speak in favor of SB 14 during Friday’s debate, said she voted for it with “an open heart and clear mind.”

“As a thoughtful legislator, mother, woman of faith and child advocate, I have made a decision to place the safety and well-being of all young people over the comfort of political expediency,” she said.

See here and here for some background. Before we go further, you need to read this Twitter thread from DMN reporter Lauren McGaughy, who has been following up with all of the Dems that had apparently voted Yes on SB14. In short, nearly all of them have said their Yes vote was in error and that they will be voting No on third reading. Tracy King and Shawn Thierry are the only two who confirmed that they intended to vote Yes, while Harold Dutton – who had been voting against most of the Dem-offered amendments to weaken SB14, unlike the others – hadn’t replied as of when I drafted this. I’m very glad to hear this, as I was about to be massively disappointed in some of these people. With some of them, let’s just say this wasn’t so shocking. Shawn Thierry has gone on some kind of bizarre heel turn – she was out there voting for book bans earlier, too – and I look forward to supporting a primary opponent against her. And Harold Dutton is still Harold fucking Dutton. Tracy King has the excuse of representing a district that Greg Abbott won in 2022, for what that’s worth. He qualifies as a disappointment.

Anyway. For those of you thinking well, it’s just drawing a distinction between adults and minors, I will remind you that the Senate passed a bill that would have outlawed this care for adults as well. Once you decide that it’s okay to ban safe and effective medical care for people because you don’t like it, there’s no obvious boundary for that. Cutting off ongoing treatment for however many kids is especially heinous.

(Yes, I believe the Dems who say their vote was in error. It happens. McGaughy confirmed with Charlie Geren that his No vote was in error, too.)

There will surely be litigation over this, as there has been in other states, and at some point SCOTUS will get to decide how much value they believe trans people have. Given their previous lack of care about who gets to access what kind of health care, I’m not optimistic, but it’s all we have until we vote in a different government. Until then, here’s a statement from the All In For Equality Coalition:

The Texas House voted today to advance Senate Bill 14, which will ban evidence-based, life-saving health care for transgender adolescents in Texas.

S.B. 14 bans puberty blockers and hormone therapy, which have been used and proven to treat gender dysphoria for decades.

Hundreds of Texans came to the State Capitol on May 2 to oppose the bill banning essential health care for trans youth — and were met with violence and arrests. The All in For Equality coalition condemned the clearing of the Capitol by authorities.

The bill passed the Texas House late Friday evening by a vote of 92 to 48.

The following quote can be attributed to Ash Hall (they/them), Policy & Advocacy Strategist at the ACLU of Texas:

“This is a dark day in Texas. Our legislature has turned its back on science, parents, and the safety and lives of children. Our hearts break for transgender young people in our state who have repeatedly been attacked by their own government for callous political gain. This legislation is vicious, it’s cruel, and it’s blatantly unconstitutional. The bigotry and discrimination in this bill will not stand up in court and it will not stand the test of time. Transgender people have always existed and always will, and the vast majority of Texans do not support harming them or cutting off this life-saving health care.”

The following quote can be attributed to Ricardo Martinez (he/him), CEO at Equality Texas:

“I am beyond angry that we must keep showing up to defend the dignity, privacy and liberty of our neighbors. Banning health care that literally saves lives should not be an option. The public debate about the value of our lives is not legitimate and it is out of touch with true Texas Values. This is part of a nefarious plan to eliminate us from public life. But it won’t work. We will not stop fighting for our rights. Not now, not ever.”

The following quote can be attributed to Emmett Schelling (he/him), Executive Director, Transgender Education Network of Texas:

“Today was ugly, but I am reminded that one of the fundamental parts of our trans experience is the deep understanding that we are all we have. Queer and Trans Texans are united in the fight to build a world in our vision on our terms.”

The following quote can be attributed to Sarah Warbelow (she/her), Legal Director for the Human Rights Campaign:

“Ill-informed and ill-intentioned politicians are prohibiting Texas parents from accessing best practice medical care for their children. S.B. 14 will be devastating to trans youth and their families – and it’s just the first of the many anti-LGTBQ+ bills that Texas lawmakers are working to pass. When this bill becomes law, Texas families will be banned from accessing medically necessary, safe, age-appropriate health care backed by decades of research and supported by the entire American medical establishment. Legislators are sending a clear message that Texas is not a safe place for LGBTQ+ people. We will not stop fighting these discriminatory measures.”

The following quote can be attributed to Shelly Skeen (she/her), Senior Attorney, Lambda Legal:

“Texas legislators seem hell-bent on the targeting of transgender Texas youth, their families, and their doctors. It was not enough to threaten parents with charges of child abuse for following their doctor’s orders, but now they want to block access to all medically necessary care against well-established standards, peer reviewed research, and the advice and recommendations of every major medical association. This bill risks the health, well-being, and very lives of trans adolescents in the Longhorn State. First and foremost, Texas legislators need to listen to transgender adolescents, their families and their doctors instead of passing discriminatory laws that endanger our community. Trans youth in Texas deserve protection from legislators, not harm that endangers their futures.”

The following quote can be attributed to Marti Bier (they/them), Vice President of Programs at Texas Freedom Network:

“I am floored by the cruelty and moral hypocrisy of this bill. Access to transgender health care can be lifesaving for transgender youth; this evidence-based health care is supported by every major medical association nationwide. Still, members of our State Legislature are determined to insert themselves in the private health decisions made between loving, affirming families and their trusted medical providers. This has been a devastating day for our community and the families this bill will undoubtedly displace or tear apart. We will never stop fighting alongside our partners to create a future where transgender youth, adults, and their families are safe and free to exist in their own home state.”

If you or someone you know needs mental health resources or support, please visit:
— Trans Lifeline at (877) 565-8860 or https://www.translifeline.org
— Trevor Project at 866-488-7386 or https://www.thetrevorproject.org/

One more thing: The story reference a recent poll that among other things indicated that a majority of respondents claimed not to know any trans people. I’m here to tell you, you’re probably wrong about that. Your kids or your grandkids likely have a friend or classmate who is trans. Some of the fellow parents you met at your kids’ schools are the parents of a trans kid. Your coworkers, your neighbors, your high school and college classmates, the people you know from church or your favorite restaurant, they have trans people in their lives, or maybe they’re trans themselves. Maybe they haven’t let you in on that knowledge, and if so you can ponder the reasons for that, but they’re there. They’re not going away. And they have every right to live their lives. It would help them a lot if the state got off their backs and out of their doctor’s offices. That’s not much to ask.

Time for some Colin Allred profiles

The Trib paints him as calm and collaborative, very much the opposite of the dramatic show horse Ted Cruz.

Rep. Colin Allred

U.S. Rep. Colin Allred is gearing up to challenge U.S. Sen. Ted Cruz in the 2024 election, and the Democrat’s measured approach poses a sharp contrast to Cruz’s bellicose style.

Allred doesn’t shout during committee hearings or deride those he disagrees with — both signature Cruz moves. He hasn’t made headlines for epic political showdowns, nor has he positioned himself as a leader of an ideological movement.

Colleagues instead describe Allred as level-headed, eager to work across the aisle and accessible to constituents in his Dallas-based district.

“Knowing how to work with everyone, knowing how to listen to people, how to engage, how to come up with solutions, and really, how to bring people together — that’s what leadership is,” said U.S. Rep. Lizzie Fletcher, a Houston Democrat whose friendship with Allred grew after both flipped Republican-held seats in 2018. “And frankly, that’s the leadership we need in our state right now.”

Allred’s path to Congress wasn’t typical but has deep roots in his district.

A Dallas native, Allred was born to a single mother who taught in Dallas public schools. The Hillcrest High School football star played for Baylor University on a scholarship before deferring law school for four seasons as an NFL linebacker for the Tennessee Titans beginning in 2007.

After attending law school at the University of California, Berkeley, Allred became a civil rights lawyer and served in the Office of General Counsel for the Department of Housing and Urban Development under then-Secretary Julián Castro, another Texas Democrat.

Allred’s history has been integral to his campaigns and his time in office. He was the first member of Congress to take paternity leave from office and is part of a bipartisan group working to advance paid parental leave legislation.

“I never knew my father, so I made a promise to myself a long time ago that when I became a dad, I would do it right,” Allred said in his campaign announcement video.

[…]

Allred made a mark as an affable colleague shortly after arriving in Congress, according to others who were first elected in 2018. He was selected co-class president in his freshman term, and in his second term was elected to represent early-term candidates to Democratic leadership. House Minority Whip Katherine Clark named him as one of her 10 deputies in December.

U.S. Rep. Veronica Escobar, D-El Paso, also joined Congress after the 2018 election and said Allred was someone who could “turn down the temperature” in sometimes volatile internal discussions on gun safety legislation and trade agreements with Canada and Mexico.

“Colin was always a voice of reason, a voice of commonsense solutions, but also someone whose input was always very strategic and thoughtful,” Escobar said. “The Democratic Caucus is definitely a big tent, and we have very diverse views.”

There’s more, and they eventually get into what a huge douchebag Cruz is (they used slightly more delicate language) and how Allred will attack him for it. Allred is likeable but not well know, gets stuff done, reaches across the aisle, etc etc etc. You may wonder how any of this will get him votes, but we have four elections’ worth of evidence now showing that some number of Republican voters will not vote for certain Republican candidates in statewide races, and Ted Cruz is definitely one of them. Allred will need maximal Democratic turnout and enough of those “I’m not voting for Ted Cruz” Republicans to have a shot.

In the meantime, the Washington Post is reporting that State Sen. Roland Gutierrez still “intends” to run for Senate as well. I don’t have a WaPo subscription, I’m getting this from the Daily Kos morning digest for Thursday. I’m fine with there being a contested primary – it’s never too early to start campaigning in earnest – but we’ll see. Gutierrez is still saying he’ll make an announcement after the Legislative session ends on May 29.

The national cannabis oversupply problem

A fascinating look at a big problem in the cannabis market.

Along the West Coast, which dominated U.S. marijuana production long before states began to legalize it, producers face what many call the failed economics of legal pot.

There is vast supply, thanks to great growing conditions and a wealth of expertise, but any surplus remains officially trapped within each state’s borders due to the federal ban on marijuana. Prices have plunged and producers have struggled.

“I’m at rock bottom,” said Jeremy Moberg, who owns CannaSol Farms in north-central Washington and, like many licensed growers, complains that the state’s 37% cannabis tax leaves virtually no profit margin for producers. “I’m tired of running a failing business.”

No one in the industry expects a fractured Congress to help out anytime soon by legalizing the drug, allowing pot businesses to deduct expenses or even just easing banking restrictions that frequently cut them off from loans or credit.

Instead, some are pinning their hopes, however faint, on President Joe Biden’s administration clearing the way for marijuana trade among states that have legalized the drug. That would allow the West Coast — with its favorable climate and cheap, clean hydropower for indoor growing — to help supply the rest of the country, they argue.

[…]

Twenty-one states have now legalized the recreational use of cannabis by adults. Sales just began in Missouri, are expected to begin in July in Maryland and totaled $300 million in the first year of New Mexico’s program.

How states have set up their markets has implications for how their industries are doing now — and how they might fare should businesses be allowed to sell out of state.

Washington and Colorado were the first states to legalize recreational marijuana in 2012. Many of the early regulations Washington adopted to keep the Justice Department at bay — including restricting the size of growing facilities and banning out-of-state investment — remain in place.

That has helped some smaller growers thrive. But it could hamstring those hoping to compete in an interstate marketplace alongside larger, more efficient producers from Oregon or California, who operate under fewer limits.

In Oregon, where sales began in 2015, large growers have achieved some economy of scale that could give them a leg up in a broader market. But in the meantime, the state’s oversupply is considered the nation’s worst.

In February, the Oregon Liquor and Cannabis Commission reported marijuana businesses were sitting on about 3 million pounds (1.36 million kilograms) of unused cannabis, as well as 75,000 pounds (34,000 kilograms) of concentrates and extracts.

Steve Marks, then the commission’s executive director, said Oregonians already buy as much weed as they can use. Federal inaction poses “an existential crisis” for Oregon’s industry, he warned.

“Cannabis in Oregon is like corn in Iowa,” said TJ Sheehy, an analyst for the commission. “If you put a box around Iowa and said you can only grow corn in Iowa to sell to Iowans, you’d have exactly the same dynamic.”

None of this has anything to do with Texas right now, of course, because we only allow a narrow medical use of cannabis. As you well know if you’ve read this blog for any length of time, it’s highly unlikely that situation will change in any meaningful way as long as Dan Patrick is in charge of the Senate. But nothing lasts forever, and things will eventually change, so it’s worth considering what the prospects for Texas-grown cannabis might look like some day. If the federal restrictions remain in place, then Texas growers would have sole access to the Texas market. Good for them in terms of limiting competition, not so good in terms of growth potential. If the federal restrictions are removed or at least weakened, then established suppliers will be racing in to meet the demand we’ll surely have. Not so good for the local growers, though being the “locally sourced” option can be an advantage, but potentially great for the consumers, who will have more choices and thus hopefully lower prices.

All this is theoretical, of course. At the rate we’re going, the rest of the country may be growing and selling cannabis before Texas ever gets around to allowing it here. I’ll leave it to you to decide how business friendly that would be.