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On prosecuting the insurrectionists

This is a good start.

While federal prosecutors in the nation’s capital will likely tackle the bulk of criminal charges for the perpetrators of Wednesday’s insurrection at the U.S. Capitol, Ryan K. Patrick is among a growing number of U.S. attorneys around the country vowing to prosecute anyone from their regions who traveled to Washington, D.C., to participate.

More than a dozen U.S. attorneys from Texas, Alabama, Oklahoma, Nebraska, Ohio, South Carolina, Kentucky, Pennsylvania, Connecticut, West Virginia, Virginia and Maryland have made statements that they’d go after people in their districts who made the trip to Washington.

Patrick, who represents the Southern District of Texas, commonly abbreviated SDTX, tweeted Wednesday, “What happened today in Washington was despicable and illegal. Storming a government building is not a protest, it’s anarchy. Arrest them, charge them, and incarcerate them.”

And he added, “And if these clowns today don’t think the capitol police, FBI, FPS and others won’t be poring over open source and other video to make cases, they’re wrong. If any of these leads points to SDTX, we’re on it.”

FBI Director Christopher Wray promised in a statement Thursday to investigate the crowds of participants: “Make no mistake: With our partners, we will hold accountable those who participated in yesterday’s siege of the Capitol.”

[…]

Reports of Capitol mob participants are already cropping up in Texas.

A Texas attorney who videos appear to show participated in the violent mob that took over the Capitol was identified by a journalist.

Paul MacNeal Davis, an attorney eligible to practice law in Texas and based in Frisco, was terminated from his position at Goosehead Insurance, a company with offices in Houston and across Texas.

The video was originally posted to Instagram by an account that appears to belong to Davis. The same account posted a message to followers Thursday morning stating, “I already lost my job because of the Twitter mob. I’m not upset. I’m thankful to be suffering for righteousness and freedom.”

The Bexar County Sheriff’s Office is investigating whether a jail lieutenant broke policy or any laws by attending the pro-Trump rally that later turned into the mob.

Sheriff Javier Salazar said 46-year-old Roxanne Mathai, an eight-year veteran with the department, posted selfies and photos of the crowd in Washington to her Facebook page, identifying herself as a BCSO employee.

Justice Department officials in Washington will likely pursue cases that involve violence, theft, property damage, criminal mischief, trespassing or knowingly entering or remaining in restricted building or grounds without permission, Patrick said. The department handles theses cases because there is no district attorney in Washington. But there are charges local districts can file as well, on their own or in coordination with “main justice” in Washington.

If someone involved in the melee lived in the sprawling 43-county Southern District, Patrick said, he would investigate whether the person planned in advance to travel to Washington to incite a riot.

Here’s another seditious chucklehead to investigate, though I’d guess she’s in a different district. These guys weren’t hiding their motives or intentions, so by all means look into all possibilities, but do keep in mind that just what was done in the Capitol will keep prosecutors and law enforcement very busy. And by all means, think big.

Supporters of President Donald Trump who stormed the U.S. Capitol, breaking windows and stealing things, could face charges including sedition, insurrection and rioting, Washington, D.C.’s top federal prosecutor said on Thursday.

“All of those charges are on the table,” Acting U.S. Attorney Michael Sherwin told reporters in a call, when asked about possible charges of sedition, rioting or insurrection.

“We’re not going to keep anything out of our arsenal.”

The Justice Department has filed 55 criminal cases about events this week, Sherwin said, some pre-dating Wednesday’s assault on the seat of government, including the arrest of far-right Proud Boys leader Enrique Tarrio on Monday.

Sherwin repeatedly said no suspects in Wednesday’s riots would be ruled out – even when asked whether this could include Capitol Police who may have been complicit or Trump himself for urging protesters to march on the Capitol at a rally on Wednesday.

“We’re looking at all actors here and anyone that had a role, and the evidence fits the elements of a crime, they’re going to be charged.”

Oh, and did we mention that a Capitol police officer died as a result of injuries sustained during this riot? I want to see a lot of people charged with being accessories to his death. The point here is to make the price of this exercise in fascism as steep as possible for as many people as possible. It’s by far the best way to make future such events less likely.

And if all that is not enough:

As horrible as this was, this could have been so much worse. Get every last one of them arrested and convicted. Daily Kos has more.

Postal service update

Just a reminder, destroying the US Postal Service has real effects on real people.

Delays in mail sorting and processing are leaving Houston-area businesses, brides and voters wary of the coming months. Whether it’s essential medication, ballots or important letters and business items, the USPS is relied upon to deliver in a timely manner. Yet, many Houstonians are already feeling the effects of the slowdown, including month-long wait times and undelivered mail.

Melissa Palacios Gonzalez, a U.S. Navy veteran, runs an accessories and clothing shop out of her home in Spring. When customers place online orders of jewelry or sunglasses, shimmery metallic sandals or distressed baseball caps from Aesthetic Glam, Palacios Gonzalez drops them off at the U.S. post office nearby.

But over the summer, she and other Houstonians noticed shipping delays as first the coronavirus strained delivery times, then systemic cutbacks by the new postmaster general, Louis DeJoy, reduced the USPS’s delivery capacity.

A USPS Priority Mail order of flip flops, which was supposed to be delivered in one or two days, took a week to reach its destination, Palacios Gonzalez said.

“If it becomes a routine problem —” she started to explain, then stopped and sighed. “Even if I say, ‘Oh, sorry that happened, here’s a percentage savings on me,’ I’m still potentially losing money and a customer.”

[…]

Due to delays in the U.S. Postal Service, Adrienne Lynch’s baby’s clothes often come weeks late.

The East Sunset Heights resident said her 20-month-old daughter is growing so fast, she often has to order new clothes. Care packages from the toddler’s grandmother also normally come much later than originally estimated by the post office.

Lynch’s mail service is in constant flux, she said. Some weeks, she notices deliveries every day. Other weeks, the household won’t receive mail for a few days.

Lynch first noticed the delays in March and April. They have continued and worsened since then, she said.

“Sometimes our outgoing mail may not be picked up for a day or so,” she said. “Or on the package tracking, you will see that your package is out for delivery, but it’s sent back to the post office at the end of the day because the carrier’s shift is over and they can’t do overtime.”

Uju Nwankwo, 27, sent about 100 to 130 wedding save-the-dates through the mail on July 19 for her February wedding. Almost a month later, many of her Houston friends have yet to receive the letters.

“There seems to be no rhyme or reason, so I don’t really get it,” Nwankwo said of the sporadic deliveries.

When the soon-to-be bride contacted USPS, she said she was told her area was experiencing sorting delays. Now, with no way to track her letters, Nwankwo just has to wait it out.

Neither Nwankwo nor Lynch blame postal workers for the delays.

Carriers have a “really tough job” in worsening conditions, Lynch said. She’s started leaving bottles of water and thank you notes in the shade for postal workers to show her appreciation for their work.

“I think the delays we are experiencing locally are directly related to the system,” Lynch said. “Postal workers and their union want to serve the country, but their hands are tied.”

See here and here for some background. The potential consequences for some folks can be quite serious.

Operational changes at the U.S. Postal Service are causing delays in mail deliveries all over the country. A man in Humble said he had to go without his daily heart medication for a week due to the delays.

Don White, 82, said he has been tracking the package and said it remained at a north Houston mail processing facility for 10 days. He’s hoping to get in on Monday.

He said he’s irritated by the situation because his mail-order medication has never been this late before.

“There have been a few times in which it’s taken a week, week and a half, two weeks, but this is the first time I actually ran out and checking with the post office didn’t do much good, even though I had a tracking number on it,” White said.

He said in the meantime, his daughter has helped him get the medication at a local grocery store pharmacy.

Lucky for him he has someone nearby who can help him like that. Not everyone would be so fortunate.

There are lawsuits.

Let the Postal Service lawsuits begin. There are plenty of plaintiffs, including states. At least 20 state attorneys general are going to court over U.S. Postal Service delays and the threat to the November election, The Washington Post reports. “We’re trying to stop Trump’s attacks on the Postal Service, which we believe to be an attack on the integrity of election. It’s a straight-up attack on democracy,” Maryland Attorney General Brian Frosh, a Democrat, said in an interview. “This conduct is illegal. It’s unconstitutional. It’s harmful to the country. It’s harmful to individuals.

“We’re asking a court to make him stop,” he said. The ”we” in this case comprises Frosh’s fellow attorneys general from Washington State, the lead state in the case, as well as Colorado, Connecticut, Illinois, Massachusetts, Michigan, Minnesota, New Mexico, Oregon, Rhode Island, Vermont, Virginia, and Wisconsin. This suit names Donald Trump and Louis DeJoy, the postmaster general, as defendants. It and another suit from Pennsylvania, California, Delaware, Maine, Massachusetts, and North Carolina, among others, will argue that DeJoy and the Postal Service broke the law by making operational changes to slow service without the approval of the Postal Regulatory Commission. They will also argue that these changes, which they are seeking to reverse, will impede the states’ ability to run free and fair elections. All of the attorneys general signing on to these cases are Democrats, of course. They have all the standing they need: The Constitution gives states and Congress the power to run and regulate elections. “States have the right to conduct mail-in elections if they choose,” Frosh said. “Trump is trying to undermine that.”

Not Texas, of course. Our Attorney General doesn’t object to this kind of lawbreaking. But at least one prominent Texan finds this all disgraceful.

Austin resident Carolyn Lewis, a George W. Bush-era presidential appointee and 2009 chair of the USPS board of governors, told The Texas Tribune in a series of email and phone interviews Monday and Tuesday that she has been disturbed by reports of sweeping cost-cutting measures that led to a slowdown in the mail and raised concerns that the postal service will not be able to handle an influx of mailed-in ballots amid the COVID-19 pandemic.

“Mr. DeJoy is failing to fulfill the mission of the USPS to provide prompt and reliable mail delivery at a time when that mission is as important as it has ever been,” said Lewis, who served on the USPS board of governors from 2004 to 2010, in a Monday email interview with the Tribune. “He is also destroying confidence in the organization that will only make its long-term viability even harder to achieve. If he does not change course immediately I hope the [board of governors] makes a change in leadership quickly.”

[…]

Lewis’ tenure also marked a moment of transition for the postal service. With the onset of modern technology, like email, the era marked a call for modernization in order to preserve the USPS’ mission to deliver the mail to all reaches of the country in a timely fashion while also remaining financially viable.

But DeJoy’s approach to modernization “feels different in several ways,” she said.

Alluding to a dysfunctional confirmation process within the U.S. Senate that for the last 10 years left gaping vacancies on the board, Lewis said that the postmaster general and the current board members “are very new and have none of the institutional knowledge that is usually there when you have more staggered terms of Governors.”

“Yet they seem to be rushing ahead to make changes before having time to fully understand the impact of those changes on all the stakeholders and there are many: employees, mailers, Congress and the American public,” she said.

She also has not seen “evidence that the current leadership has communicated their overall plan and goals that are driving the specific actions they are taking,” and “there is clearly not a priority on ensuring prompt and reliable mail delivery or fulfilling the mission” of the USPS.

“I do not know for certain the motivation of the [postmaster general] and the Governors, but their actions are certainly inviting questions, and legitimately so,” she added.

It took a couple of days, but this issue now has the full attention of Congress.

Houston Democratic congressional delegates on Tuesday announced they will propose legislation that would give the U.S. Postal Service an emergency loan and reverse recent cutbacks.

Postmaster General Louis DeJoy announced Tuesday afternoon that he would suspend all recent changes to the postal service until after the November election.

“Even with the challenges of keeping our employees and customers safe and healthy as they operate amid a pandemic, we will deliver the nation’s election mail on time and within our well-established service standards,” said DeJoy in a statement. “The American public should know that this is our number one priority between now and Election Day.”

The postmaster general’s move did not satisfy Democratic lawmakers, who said legislation is needed to ensure the postal service can continue to operate at full capacity beyond November.

“What he’s proposing is not acceptable,” said U.S. Rep. Sheila Jackson Lee of DeJoy’s statement. “We need the changes to be reversed in totality forever. And that’s what the legislation is about.”

[…]

Previous legislation that passed in the U.S. House of Representatives would have provided the loan. Trump said he would block the funding.

The coming bill, also supported by U.S. Reps. Sylvia Garcia, Al Green and Lizzie Fletcher, would also make administrators within the postal service cease and desist from making any more cuts.

Jackson Lee said she will help oversee an investigation of the extent of recent reported actions directed by DeJoy, such as terminating mail sorting machines, reducing staffing and cutting back overtime at post offices across the country.

“We need to know whether there have been any civil rights violations or criminal acts taking place,” said Jackson Lee.

DeJoy will be testifying before Congress on Friday, and I hope it’s a painful experience for him. But clearly, simply agreeing to stop wrecking the place is insufficient. If I’m caught hauling bags of money from a bank vault, it is not sufficient for me to say “okay, fine, I won’t take any more money from the vault”. Vandals are expected to make restitution, and that should very much include Louis DeJoy. Daily Kos has more.

FBS versus FCS

I’m referring in the title to the two types of Division I NCAA college football, the Football Bowl Subdivision, which includes the power 5 conferences, and the Football Championship Subdivision, which used to be known as 1-AA and which has always had a playoff to determine its champion. Those of you who are fans of FCS football will have to wait till spring to see any of it.

The NCAA’s second-highest level of football won’t crown a 2020 champion as more schools announced Friday they wouldn’t take the gridiron this fall because of the coronavirus pandemic.

Universities comprising the Missouri Valley Football ConferenceBig Sky Conference and Pioneer Football League all said they won’t play this fall, which effectively pulled the plug on postseason play for the NCAA’s Football Championship Subdivision (FCS).

As FCS teams and conferences pulled out of fall play in recent weeks, the NCAA announced that FCS playoffs would be cancelled if 50 percent of eligible teams pulled out. When the MVFC, Big Sky and Pioneer all opted out of autumn football, that minimum threshold was breached.

Before Friday, a host of other FCS leagues had called off fall football: the Ivy LeaguePatriot LeagueColonial Athletic AssociationNortheast ConferenceSouthwestern Athletic Conference and Mid-Eastern Athletic Conference.

The 2019 FCS title was won by North Dakota State University, which edged James Madison University in the final.

Lower levels of NCAA football, Division II and Division III, also had playoffs cancelled this week.

That’s an awful lot of college football that will not be happening this fall. And now some of the FBS action won’t be happening, either.

The Mid-American Conference has long been the home of Tuesday football, seven-overtime epics and the #MACtion hashtag that bonds together the most hardcore college football fans.

The MAC functions on the outer orbit of big-time college football, a key part of the food chain by providing early season buy games, midweek television inventory and early gambling opportunities for those who’ve endured lost weekends.

On Saturday, the MAC took over a new role in the college football universe — the center of attention. The MAC presidents met virtually Saturday morning and decided to cancel the fall football season, a source told Yahoo Sports. The MAC will focus on playing football in the spring. Stadium first reported the development.

All day Friday, athletic directors and coaches were fixated on the MAC as a potential harbinger for the sport. The MAC becomes the first FBS conference to cancel sports this fall, setting the table for a new question around the industry: “Who goes next?”

The Big Ten presidents are scheduled to meet on Saturday afternoon and discuss the league’s 2020 future, sources told Yahoo Sports. There’s some momentum among league presidents to cancel the fall season. But it’s unknown if there’s enough for a decision to be made immediately.

As noted before, the University of Connecticut, which now operates as an independent for football, cancelled its season as well. Optimism abounds elsewhere, with plans for mostly-full schedules and some fans in attendance. All I can say at this point is that it sure seems unlikely to me that “not playing football at all until spring” and “preparing to play football in the fall as if everything is more or less normal” cannot simultaneously be the optimal strategy. I don’t know at what point the FBS bubble bursts, but I feel like it has to sooner or later.

Optimism abounds in the AAC

Good luck with that.

In the face of a pandemic, the American Athletic Conference will attempt to conduct business as usual this football season.

A plan announced Wednesday will allow AAC schools, including the University of Houston, to play a full 12-game schedule, if they so choose, and begin the season on time, even as COVID-19 continues to grip the U.S.

The AAC will play all eight of its conference games as originally scheduled beginning Sept. 19, and schools can schedule as many as four nonconference opponents, according to the plan unanimously approved by the AAC’s Board of Directors.

“We wanted to keep our eight-game schedule the way it was, not to be too disruptive to the teams,” AAC commissioner Mike Aresco said during a phone interview Wednesday. Asked about the uncertainty of playing a full 12-game schedule due to COVID-19, Aresco added: “We’re not sure that our teams can get to 12. There’s a lot that could affect that. This is the most unusual year we’ve ever faced.”

UH is expected to play an 11-game schedule, which begins Sept. 3 against Rice at TDECU Stadium. A 12th game — a nonconference trip to Washington State on Sept. 12 — was canceled with the Pac-12’s decision to play a conference-only schedule and is unlikely to be filled, a person with knowledge of the situation said.

I mean, I’m sure they’d like to do that. Many conferences are greatly restricting or eliminating non-conference games – the Big XII will allow for one non-conference game, others like the PAC 12 are doing none – so the extra games for AAC members may prove challenging to set up. Well, extra games with major-conference schools, anyway.

I remain perplexed by the belief that we’re going to have college football as if it were a normal year. The “bubble” concept seems to be working (or has worked) for basketball and soccer, while MLB baseball has had more than its share of problems with its rollout. I don’t see any reason to think that the players will be safe – never mind the coaches and staff and everyone else – and the idea that there could be fans in the stands is even more bizarre. On the other end of that spectrum, former AAC member UConn will not play football at all this fall. Maybe they’re the forward-thinking ones. The Trib has a more comprehensive roundup of what the various conferences are planning, for now. I’d assume all of that is written on the sand, at low tide. All I can say is, there’s not much time for things to get better before the games, such as they may be, begin.

Have we gone from “concerned” to “alarmed” yet?

We’re getting there.

With cases of the coronavirus surging to record levels in Texas, Gov. Greg Abbott recommended Tuesday that Texans stay home as much as possible and for the first time moved to allow the tightening of two kinds of restrictions that had been eased under his reopening plan.

“We want to make sure that everyone reinforces the best safe practices of wearing a mask, hand sanitization, maintaining safe distance, but importantly, because the spread is so rampant right now, there’s never a reason for you to have to leave your home,” Abbott said during an early-afternoon interview with KBTX-TV in Bryan. “Unless you do need to go out, the safest place for you is at your home.”

Within hours, Abbott made two announcements to alter the reopening process. He scaled back a previous statewide order and gave local officials the ability to place restrictions on outdoor gatherings of over 100 people, a threshold he originally set at 500 people. And Abbott said the state would enact mandatory health standards for child care centers after prior rules became voluntary earlier this month.

The moves came a day after Abbott said at a news conference that the coronavirus was spreading at an “unacceptable rate” but did not offer any new policies to stem the virus’ spread. Instead, he reiterated long-established guidelines such as social distancing and pointed out that the state was increasingly cracking down on businesses that allow large crowds. At the news conference, Abbott also encouraged Texans to stay home, albeit in less explicit terms than he did in the KBTX interview.

The Monday news conference marked a newly urgent tone by Abbott, which he continued into Tuesday. During TV interviews in the noon hour, he made the somewhat unusual move of getting ahead of the state’s daily announcement of new coronavirus cases, bracing audiences for a new record high exceeding 5,000 — a big increase over the last peak of 4,430 on Saturday.

Before sharing the new record figure with KBTX, Abbott said he was trying to “make sure people around the state really comprehend the magnitude of the challenge we’re dealing with.”

By the end of the afternoon, the state Department of State Health Services had reported the precise number: 5,489 new cases.

At the same time, two metrics that Abbott has prioritized — hospitalization levels and positivity rate — continued to trend in the wrong direction. Hospitalizations reached 4,092, marking the 12th straight day of a new peak. The positivity rate — or the ratio of cases to tests, presented by the state as a seven-day average — reached 9.76%, back to the level it was at in mid-April.

It’s bad, y’all.

The Texas Medical Center’s intensive care capacity could be exceeded as soon as Thursday because of the surge in COVID-19 patients, the hospital system projects.

A TMC model also predicts ICU surge capacity — extra, temporary beds and equipment used in emergencies — could be exceeded as soon as July 6 if the steep rate of new COVID hospitalizations continues, the most aggressive modeling to date.

Eleven leaders of the system’s member hospitals and medical schools said in a joint statement that COVID-related admissions were increasing at an “alarming rate,” stretching the capacity of ICU units. Texas Children’s Hospital this week began admitting adult patients to handle the surge.

“If this trend continues, our hospital system capacity will become overwhelmed, leading us to make difficult choices of delaying much-needed non-COVID care to accommodate a greater number of COVID patients,” the group wrote.

The leaders urged residents to stay home when possible, practice social distancing and wear masks.

Stay home.

Houston employers ought to send workers back home from the office if possible due to spiking coronavirus cases in the region, the region’s leading business group said Wednesday.

Bob Harvey, the president and CEO of the Greater Houston Partnership, said in a statement that Houston COVID-19 cases are reaching a “critical point” and that employers need to do their part in helping to curb what he called an “alarming trajectory.”

“We encourage employers to strongly consider returning to a work-from-home model,” Harvey said. “To keep our Houston economy moving forward, we must all do our part.”

On Tuesday, Gov. Greg Abbott asked Texans to voluntarily stay home if possible.

We’re basically back where we were in March and April, with county governments still trying to figure out what to do without clear direction from the state and a complete abdication of responsibility from the White House. The Texas Restaurant Association is calling for a statewide face mask mandate, a thing that is very much necessary now but could have done so much more good a month ago when we were in this mad stupid rush to reopen everything. Imagine if we could have been able to reopen without thousands of people getting sick every day? Too bad, that’s not how it went. What we’re doing now – and what we’re still not doing because Greg Abbott still isn’t doing it – is definitely too late. If we’re very lucky, maybe it won’t be too little. The Chron has more.

UPDATE: Oh, the irony.

Visitors from Texas will soon have to quarantine for 14 days if they travel to New York, New Jersey, or Connecticut, according to the three states’ governors, who also took aim at Texas’ handling of the coronavirus outbreak on Wednesday.

The move comes as coronavirus cases and hospitalizations hit record highs in Texas, surpassing 5,000 new cases in a single day on Tuesday and making the state one of the country’s coronavirus hotspots.

Gov. Andrew Cuomo of New York, Gov. Phil Murphy of New Jersey, and Gov. Ned Lamont of Connecticut, all Democrats, held a joint press conference Wednesday to announce the policy, which will affect nine states whose infection rates have met thresholds indicating “significant community spread,” including Texas, Arizona, and Florida, according to reports.

“We need to do things right inside the four walls in our respective states,” Murphy told reporters.

The restriction on Texas travelers marks a notable shift in which states are being flagged nationwide for the most alarming increases of coronavirus cases. Earlier in the pandemic, Texas touted comparatively low hospitalization rates and was pointing the finger at other states where the virus was raging.

In late March, Texas imposed a 14-day quarantine on travelers from New York, New Jersey, Connecticut, Washington, and California – some of the early coronavirus hotspots. The state also mandated quarantines for those driving or flying to Texas from neighboring Louisiana as well as flying from Miami, Atlanta, Detroit, and Chicago. Those orders have since been lifted.

Abbott did not respond to a request for a comment for this story, but that’s all right. We know what he’d have said: He’s “concerned, but not alarmed”. You’re welcome.

Census lawsuit proceeds

Good.

A federal judge in New York on Thursday allowed a lawsuit challenging the addition of a citizenship question to the Census to move forward. U.S. District Judge Jesse Furman’s decision rejected the Trump administration’s request to dismiss the lawsuit, which was brought by numerous states and localities.

The judge said that the court has jurisdiction to review Commerce Secretary Wilbur Ross’s decision to add the question, rejecting the administration’s arguments that Ross could be insulated from judicial review.

Furman said that while Ross indeed had the authority under the Constitution to add the question, the judge concluded that the exercise of that authority in this particular case may have violated the challengers’ constitutional rights.

At this stage of the proceedings, Furman is required to assume the challengers’ allegations are true, and he must draw any inference from those allegations in the challengers’ favor. In doing so on Thursday, Furman said that the challengers “plausibly allege that Secretary Ross’s decision to reinstate the citizenship question on the 2020 census was motivated by discriminatory animus and that its application will result in a discriminatory effect. ”

See here, here, and here for the background. Nothing really new here, just another chance for me to say that this absolutely was motivated by discrimination and that it would be very nice to have it halted by the time the counting actually begins. Daily Kos and NPR have more.

Census lawsuit may proceed

Good.

A federal judge said Tuesday that there was a “strong showing of bad faith” by the Trump administration in adding a controversial question about US citizenship to the 2020 census. The judge hinted that he would allow the case to move forward over objections from the administration, and senior administration officials will be subjected to questioning under oath about why the question was added.

Judge Jesse Furman of the Southern District of New York, who was appointed by President Barack Obama, said the administration “deviated from standard operating procedure” by adding the question with no testing. Furman ruled that the plaintiffs challenging the question—including the state of New York and the American Civil Liberties Union—can depose senior officials from the Commerce Department and Justice Department as the case moves forward.

The census has not asked respondents about their citizenship status since 1950. Civil rights groups say the citizenship question will depress response rates from immigrants, imperil the accuracy of the census, and shift political power to areas with fewer immigrants. The census determines how $675 billion in federal funding is allocated, how much representation states receive, and how political districts are drawn.

Commerce Secretary Wilbur Ross, who oversees the Census Bureau, approved the citizenship question in March, saying it was needed for “more effective enforcement” of the Voting Rights Act. Ross said at the time and in subsequent testimony before Congress that he approved the question after the Justice Department requested in December 2017 that it be added.

However, Ross stated in a memo he filed to the court on June 21 that he first considered adding a citizenship question to the census after he was confirmed as commerce secretary in February 2017, months before the Justice Department requested the question. He wrote that he had approached the Justice Department about the question, not the other way around, after consulting with “other senior Administration officials” who had “previously raised” the citizenship question.

Furman cited Ross’s memo to question his truthfulness and the administration’s motives in adding the question. “It now appears these statements were potentially untrue,” Furman said of Ross’ claims that the question was added at the Justice Department’s request. “It now appears that the idea of adding a citizenship question originated with Secretary Ross and not the Department of Justice.”

See here and here for some background. The judge did subsequently allow the lawsuit to go forward, while also granting the motion for discovery. I for one can’t wait to see what bits of treasure that digs up. Time is of the essence here, so I hope there’s a speedy schedule to get us towards a resolution.

Multiple cities and states sue over Census citizenship question

Good.

Seventeen states, the District of Columbia, and six major cities sued the Trump administration on Tuesday over the addition of a controversial new question about US citizenship to the 2020 census. This is the third major lawsuit against the administration’s action, after California and the NAACP sued last week, marking a major escalation of the legal and political battle over the census. Civil rights advocates say the question is designed to spark fear in immigrant respondents and will cause many immigrants not to be counted, diminishing the political power and financial resources of the jurisdictions where they live.

“This is a blatant effort to undermine the census and prevent the census from carrying out its Constitutional mandate,” said New York Attorney General Eric Schneiderman, who organized the multi-state lawsuit, at a press conference in lower Manhattan. New York has the third-largest immigrant population in the country, after California and Texas. More than 1 in 5 New York residents are foreign-born. “This is an effort to punish states like New York that welcome immigrants,” Schneiderman said.

The lawsuit says the new question “violates the constitutional mandate to conduct an ‘actual Enumeration’” of the country’s entire population, not just citizens, as well as a provision of the 1946 Administrative Procedure Act barring federal agencies from taking “arbitrary, capricious” actions.

The lawsuit was filed by New York, Connecticut, Delaware, Illinois, Iowa, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia, and joined by the cities of Chicago, New York, Philadelphia, Providence, San Francisco, and Seattle. The bipartisan US Conference of Mayors, which represents the 1,400 cities with a population of 30,000 or more, also joined the suit.

[…]

Past leaders of the Census Bureau and current advisers to the bureau have also blasted the question. Six former bureau directors, who served under Republican and Democratic presidents, told Commerce Secretary Wilbur Ross in January that “an untested question on citizenship status at this late point in the decennial planning process would put the accuracy of the enumeration and success of the census in all communities at grave risk.” Members of the bureau’s Scientific Advisory Committee, who are appointed by the director, blasted the decision at a meeting of the Census Bureau last week.

“I want to say in no uncertain terms that I think this is an absolutely awful decision,” said D. Sunshine Hillygus, a professor of political science at Duke University. “I am dumbfounded that this decision is coming in at such a late date. My view is that this is going to have severe negative implications for data quality and costs.”

She began her PowerPoint presentation at census headquarters with the phrase “W.T.H.,” short for “what the hell.”

The Commerce Department, which oversees the census, said the new question was needed to better enforce the Voting Rights Act, but Vanita Gupta, the former head of the Justice Department’s Civil Rights Division under Barack Obama, told Mother Jones that was “plainly a ruse to collect that data and ultimately to sabotage the census.”

See here for some background. Even with the involvement of the US Conference of Mayors, I say every city of decent size should want to get involved, because it’s their residents who are going to be undercounted as a result of this malevolent policy, and that will cost them in terms of funding, representation, and more. This is a big, serious deal and it needs to be treated as such. Think Progress, which also looks at the effect of this policy on Texas, has more.

On school shootings

I have four things to say about this.

In the national collective grief rising from Friday’s mass shooting in Connecticut, one apparent trust seems to have completely shattered: that an elementary school was sacred and safe ground.

Left in the wake of 20 children and eight adults massacred by a lone gunman is a renewed debate over how secure should schools be and at what cost. Closer to home at least one teacher’s union is now calling for more armed guards on Houston school campuses.

Several local school districts acknowledged they focus their full-time security staff on high school and middle school campuses and only send patrols to elementary schools. They said it was too early to say if that strategy would be changed or if there was money to pay for it.

Other officials and experts questioned the expense of providing enough security – the kind that could turn a school into a virtual fortress – to repel a heavily-armed intruder.

Gayle Fallon, president of the Houston Federation of Teachers union, said she favors placing more armed police officers in schools, even on elementary campuses. It’s a proposition she recognizes would be “very expensive.”

“We really need more security,” she said. “You never know what nutcase is suddenly going to decide that shooting up the local school is a good idea.”

Fallon, however, said she does not support arming teachers with pistols, as a small school district in Harrold, Texas, did in 2008, drawing national attention.

[…]

HISD spokesman Jason Spencer noted HISD has 279 campuses, and only 200 full-time officers who are assigned to high schools, middle schools and secondary school campuses. HISD officers patrol the elementary schools.

“We don’t have enough officers to have one stationed full time at each campus,” Spencer said. “We do the best we can with the resources we have.”

1. What does it say about us as a society that we are talking about the benefits of having armed guards stand over our children? I don’t know about anyone else, but that’s not what I want for my kids.

2. For those like Land Commissioner Jerry Patterson, who do believe that having armed guards in place is the key to preventing this kind of violence, I’d like for you to please explain the Fort Hood shooting to me. (Patterson conveniently omitted that tragedy from the list he gave in support of his argument.) Surely the problem there was not the lack of armed and trained personnel in the vicinity.

3. After cutting $5.4 billion from public education in 2011 and causing the layoff of thousands of teachers, librarians, counselors, nurses, support staff, bus drivers, and God knows who else, we’re going to find the money to hire thousands of armed security guards? Seriously?

4. If we really want to do something constructive, and spend our money in a way that might actually help the problem, then let’s finally get serious about mental health in this country. Right now, it’s far easier to buy an assault weapon than it is to access mental health services, and the latter is much more expensive if you can get it. I hope we can all agree this is a problem.

Actually, I have five things to say: Screw Mike Huckabee. That is all.

Casinos expanding nationally

I have no idea what the political or budgetary climate will be like for the gambling industry here in Texas when the Lege next convenes in 2013, but they have been gaining a lot of ground elsewhere in the country.

You got to know when to hold em...

States have embraced casinos, after years of trepidation about their societal costs, for two simple reasons: a promise of a rich new revenue source, plus the possibility of stimulating tourism.

“They are faced with tough decisions. They are in recession … And we pay taxes far over and above normal taxes,” said Frank Fahrenkopf, president of the American Gaming Association.

Last week alone, Genting’s new gambling parlor at Aqueduct, now limited to 4,500 video slot machines and another 500 electronic table games, made nearly $13 million — putting the “racino” on pace to make $676 million per year, with 44 percent of that take going to a state education fund.

And that total is nothing compared to the $1.4 to $2 billion per year Genting predicts it would bring in at the huge complex it is planning in Miami.

Some experts, however, have questioned whether revenue bonanzas that large are realistic, and say states should be cautious about giving up too much to lure these projects. Competition for a limited pool of gambling and tourism dollars is already fierce, and recent years haven’t been kind to casinos.

Nevada’s larger casinos lost $4 billion in 2011, according to a report released this month by the state’s Gaming Control Board, as the state continued to feel the effects of the global economic slump.

As gambling options have increased in the East, revenue has slid substantially at the pair of Indian tribe-owned casinos in Connecticut and declined by a dramatic 30 percent in Atlantic City, which has lost customers in droves to the new casinos in nearby Philadelphia, according to David Schwartz, director of the Center for Gaming Research at the University of Nevada Las Vegas.

Other than that one mention of Nevada, the story is entirely East Coast-focused, so I can’t say what kind of action there may be in these parts. No question, Texas is a big prize, and I’m sure there will be yet another large push for casinos, slot machines at racetracks, or both. There’s also been a push for online gambling of late, which may add a new wrinkle to the usual legislative battle. As always, worth keeping an eye on.