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Jeff Mateer

Abbott and Paxton threaten transgender child

I’m utterly speechless.

Top Texas Republicans have directed the state’s child welfare agency to investigate whether a mother who supports her 7-year-old child’s gender transition is committing “child abuse” — a move that has alarmed an already fearful community of parents of transgender children.

Gov. Greg Abbott declared via tweet Wednesday that two state agencies, the Department of Family and Protective Services and the Texas Attorney General’s Office, are looking into a dispute between divorced North Texas parents who disagree on whether their child should continue the process of transitioning from male to female, a path that could culminate, when the child is years older, in medical interventions.

In a letter Thursday to the state’s child welfare agency, First Assistant Attorney General Jeff Mateer declared that the child — who identifies as a girl, according to testimony from a counselor and pediatrician — is “in immediate and irrevocable danger.”

“We ask that you open an investigation into this matter as soon as possible and act pursuant to your emergency powers to protect the boy in question [from] permanent and potentially irreversible harm by his mother,” Mateer wrote, repeatedly referring to the 7-year-old as a boy. Mateer’s nomination to the federal bench was withdrawn in 2017 after revelations that he had called transgender children part of “Satan’s plan.”

A spokesman for DFPS said the agency’s “review of the allegations is already underway.”

The case’s path to public discourse began with the child’s father, Jeff Younger, whose blog has generated a maelstrom of right-wing outrage, including from U.S. Sen. Ted Cruz, R-Texas, who called the child “a pawn in a left-wing political agenda.” Younger, who also appeared at a rally at the Capitol this spring, does not agree with his ex-wife that his child is transgender. In blog posts, he has claimed his child could face “chemical castration.”

In reality, experts say, the transition process for prepubescent children does not involve medical intervention; instead, it consists of social affirmations like allowing children to wear the clothes they like, employ the names and pronouns they prefer, and paint their nails if they choose. During puberty, a transgender child might, with the consultation of a doctor, begin to take puberty blockers, reversible drugs that can stop puberty and the gender markers that come with it, like a deepening voice, the development of breasts or starting a period. Later on, experts say, transgender young adults might explore the option of surgery.

In a court ruling Thursday that granted the parents joint custody, Dallas Judge Kim Cooks noted that there was never a court order for the child to undergo medical treatment, according to The Dallas Morning News. Indeed, the mother, Anne Georgulas, had requested that Cooks require mutual consent before the child underwent any treatment, the Morning News reported.

So yes, this is Greg Abbott and Ken Paxton and Ted Cruz and the rest getting involved in a marital dispute. Am I the only one who remembers when Republicans claimed to be about getting government out of people’s lives? However true that may have been once, it sure isn’t the case now.

This is nothing short of an authoritarian move by Abbott. The governor appoints the head of the Department of Family and Protective Services. How much faith are you going to have in the outcome of that investigation? Or the investigation by the AG’s office, under Jeff “transgender people are satan’s spawn” Mateer, for that matter? Oh, and I haven’t even mentioned yet that they made the child’s name public, so everyone who agrees with them can force their own opinion on her as well. How lovely.

And all because they disagree with this child’s mother about what the child is allowed to wear, and they had the power to stick their noses in. They won’t stop this child from being transgender, any more than they could stop her from being left-handed or allergic to peanuts. They will cause a lot of damage trying, though. We cannot vote them out of office soon enough.

Paxton gives the middle finger to House Oversight Committee

I’m sure you’re as shocked as I am.

Best mugshot ever

Facing an investigation over the state’s botched efforts to screen its voter rolls for noncitizens, the Texas Attorney General’s Office is declining congressional leaders’ request for information about the review.

In a Thursday letter to top officials with the House’s main investigative committee, Jeffrey Mateer, the state’s first assistant attorney general, indicated the state was brushing off a request for documents and communications from the Texas secretary of state and attorney general because the committee lacks “oversight jurisdiction.”

Instead, Mateer wrote, the state will treat the congressional inquiry as a public information request under state law, which grants the Texas attorney general’s office broad control over what information can be withheld from the public.

“We do not interpret your letter to be a subpoena issued under applicable House Rules. Nor do we consider it a request for information under any applicable federal law,” Mateer said. “For the foregoing reasons, and because the House Committee on Oversight and Reform and its subcomittees lack oversight jurisdiction over constitutional officers of the State of Texas, we must interpret your request under Texas state law.”

[…]

A spokesperson for the committee did not immediately respond to a request for comment regarding the AG’s letter. But in announcing the Texas investigation — part of a broader probe of voting irregularities in multiple states — Cummings and Raskin cited their authority to investigate “any matter” at “any time” under the rules of the U.S. House of Representatives. The committee has the authority to issue subpoenas. Raskin chairs a subcommittee on civil rights and civil liberties.

See here and here for the background. I wish I could say I was surprised by this, but it’s about as surprising as a humid morning in July. What happens next is probably a subpoena, but after that it’s anyone’s guess.

The committee said in response to Paxton’s letter that it still expects to receive the documents.

“The right to vote is guaranteed by the U.S. Constitution, and Congress is charged with protecting and defending the Constitution,” the committee said in a statement.

“Congress has an independent responsibility to investigate violations even when there may be separate litigation involving the same or similar matters. We expect full compliance with the Committee’s request.”

A committee spokesperson would not address a question about the use of a subpoena to obtain the emails and other documents.

[…]

Joe Larsen, a Houston lawyer and board member of the Freedom of Information Foundation of Texas, said even if the House does file a subpoena, the Attorney General could decline to cooperate.

The larger legal question of whether the committee has jurisdiction in a state matter may ultimately have to be solved by a court, Larsen said.

Normally, congressional oversight is for the executive branch, which does not include states, he said.

“It’s the idea that the federal government cannot be micromanaging what’s going on in the states unless that power is directly given to them by the Congress,” Larsen said.

But the committee could make the argument that it has the right under the “necessary and proper clause” of the Constitution to ensure that federal laws such as the Voting Rights Act aren’t being violated.

“That’s going to be a fight,” Larsen said. “It’s a fair argument on both sides.”

Better hope the courts are sympathetic to that line of reasoning. Our next chance to hold these amoral assholes accountable isn’t until 2022, and we can’t afford to wait that long.

Some pushback on Jeff Mateer

A small bit of sanity.

Even as President Donald Trump rushes to fill federal judge openings across the nation, a top Senate Republican is urging the White House to put the brakes on an outspoken nominee from Texas.

Iowa Republican Chuck Grassley, chairman of the Senate Judiciary Committee, said Tuesday that he told Trump to “reconsider” two controversial judicial nominees:

Jeff Mateer of Texas and Brett Talley of Alabama.

“I’ve advised the White House they ought to reconsider,” Grassley told CNN. “I would advise the White House not to proceed.”

Mateer, a top aide to Texas Attorney General Ken Paxton, was nominated by Trump to be federal judge in Texas. He has faced bipartisan criticism for a series of speeches in 2015 on homosexuality, including a reference to transgender children as part of “Satan’s plan.”

Talley, a Justice Department lawyer and candidate for a federal judge position in Alabama, has come under fire for urging readers in a 2013 blog post to join the National Rifle Association while attacking gun control legislation after the Sandy Hook Elementary School massacre as “the greatest attack on our constitutional freedoms in our lifetime.”

With no previous judicial experience, Talley became the third judicial nominee since 1989 to receive a unanimous rating of “not qualified” from the American Bar Association, a move that Republicans have decried as partisan.

See here for some background. That appeared on Tuesday, and by Wednesday Sen. Grassley had had enough.

The Senate Judiciary Committee’s top Republican said Wednesday that two of President Trump’s nominees for open seats on the federal bench will not be confirmed, just a day after urging the White House to “reconsider” them.

U.S. Sen. Charles E. Grassley, R-Iowa, said that based on his discussions with the White House, the nominations of Jeff Mateer and Brett Talley would not move forward through the confirmation process. The decision comes after reports that both nominees made public comments celebrating groups or policies that were discriminatory.

Good. Look, if you’re a Republican, surely you can see that you can do better than these two clowns. There are plenty of severely conservative potential judges out there who are also well-qualified for the job and are capable of acting like normal human beings. It’s really not much to ask, even from Donald Trump. Well, maybe it is too much to ask from Trump. In which case, voting losers like Mateer and Talley down might get the message across. Advise but don’t consent, in other words. Score one for a smidgeon of sanity.

Trump nominates two to the Fifth Circuit

This is why Republicans put aside their doubts to vote for Trump, and it’s why they stick with him. This is the prize they kept their eyes on, and it’s paying off for them bigtime.

Don Willett

President Donald Trump on Thursday said he is nominating two Texans to the 5th U.S. Circuit Court of Appeals: Texas Supreme Court Justice Don Willett and Dallas attorney James Ho.

“Both of these gentlemen, I think, will do an outstanding job,” U.S. Sen. John Cornyn, R-Texas, said during a conference call with reporters.

They would need to be confirmed by the Senate.

Willett, a well-known Twitter user, has served on the state Supreme Court since 2005. During the 2016 presidential race, Trump had named Willett as a potential choice for the U.S. Supreme Court.

Ho is the former solicitor general of Texas. He has also served as chief counsel for Cornyn.

[…]

Even after Thursday’s announcements, Trump has a host of vacancies left to fill in Texas. He has yet to fill two U.S. attorney positions, including the post in the Southern District, which is the busiest in the country. Lt. Gov. Dan Patrick’s son Ryan Patrick is rumored to be the president’s choice for that post.

Trump also has six federal district court seats to fill, several of which have been classified as judicial emergencies. One of those seats has been open since 2011.

Neil Gorsuch gets all the attention as a tainted selection that resulted from extreme partisan obstruction, but don’t overlook all those district court and appellate court positions that have been open for years, with our two Senators refusing to allow any Obama nominations to be considered, let alone voted on. Willett and Ho are the beneficiaries of this from a professional standpoint, but one young and reliably conservative guy in a robe is as good as any other. This isn’t about qualifications – Willett and Ho are perfectly credible choices – it’s about opportunity, and about partisan cohesion. Don Willett and James Ho will be affecting public policy way longer than Donald Trump will. The Chron has more.

As I said, Willett and Ho are qualified to be judges – they’re not who I’d pick, but they fall within accepted norms for the job. Some nominees do not, but it’s going to take recognition of that in the right places to keep them out.

Texas U.S. Sen. John Cornyn raised fresh doubts Thursday about the White House nomination of assistant state Attorney General Jeff Mateer to be a federal judge in Texas.

Mateer, in a pair of speeches in 2015, reportedly referred to the rights of transgender children as part of “Satan’s plan” and defended the controversial practice of “conversion therapy” for gays.

Cornyn, commenting publicly for the first time since Mateer’s speeches were unearthed this month by CNN, said the speeches apparently were not disclosed to him as they should have been under a screening process set up by him and Sen. Ted Cruz.

“We requested that sort of information about speeches and the like on his application,” said Cornyn, the No. 2 Republican in the Senate. “And to my knowledge there was no information given about those, so it’s fair to say I was surprised.”

[…]

Cornyn said Thursday that he is reevaluating Mateer’s nomination in light of the undisclosed speeches as well as other public utterances.

“I am evaluating that information, and I understand there may be even addition information other than that which has previously been disclosed,” he said in a conference call with Texas reporters.

Cornyn, formerly a Texas Supreme Court Justice, said there should be no “religious test” for judges. “But it is important,” he added, “that all of our judges be people who can administer equal justice under the law and can separate their personal views from their duties as a judge.”

He added: “Because the information had not been previously disclosed, we were not able to have that kind of conversation with Mr. Mateer, so we’ve got some work to do.”

Ted Cruz, of course, has no such qualms, because he’s Ted Cruz. Note that Cornyn has left himself a lot of wiggle room here. His primary concern here is that Mateer may have more such, let’s say “intemperate”, remarks in his past that he hasn’t told the likes of Cornyn about. Big John can handle a little gay-bashing, but he doesn’t like to be surprised. As long as Mateer makes a few perfunctory statements about how of course he believes in equal justice for all and would never ever ever treat anyone unfairly in his courtroom, and as long as no more embarrassing video turns up, Cornyn will be happy to support him. Eyes on the prize, you know.

Judgmental

The only bench this guy should be allowed on is a park bench.

I am staring INTO YOUR SOUL

Jeff Mateer, a high-ranking official in Texas Attorney General Ken Paxton’s office who President Donald Trump has nominated for a federal judgeship, said in speeches in 2015 that transgender children are part of “Satan’s plan” and argued same-sex marriage would open the floodgates for “disgusting” forms of marriage, according to CNN.

“In Colorado, a public school has been sued because a first grader and I forget the sex, she’s a girl who thinks she’s a boy or a boy who thinks she’s a girl, it’s probably that, a boy who thinks she’s a girl,” Mateer said in a May 2015 speech first reported by CNN, referencing a Colorado lawsuit that involved a transgender girl’s parents suing her school for prohibiting her from using the restroom she preferred. “I mean it just really shows you how Satan’s plan is working and the destruction that’s going on.”

In the same speech, Mateer also criticized the 2015 U.S. Supreme Court decision legalizing same-sex marriage as taking the nation back to a time of “debauchery.”

“I mean, it’s disgusting,” he said. “I’ve learned words I didn’t know. There are people who marry themselves. Somebody wanted to marry a tree. People marrying their pets. It’s just like — you know, you read the New Testament and you read about all the things and you think, ‘Oh, that’s not going on in our community.’ Oh yes it is. We’re going back to that time where debauchery rules.”

All righty then. Note that this wasn’t pulled out of an old email or a paper he wrote in college, it’s from a speech he made at a public event two years ago. Is there any reason to believe that Jeff Mateer would treat everyone who came before his court in a fair and impartial manner? Surely any LGBT person would have good cause to doubt that, but so would anyone who doesn’t share Mateer’s views on, well, pretty much anything. He’s made a career out of claiming that privileges people of his religious faith. “Travesty” is not a strong enough word for making this guy a visiting judge, much less giving him a lifetime appointment to a federal bench. Unfortunately, he’s far from the only such nominee, in Texas and all around the country. The Chron and the Current have more.

Paxton’s hack hire

What else do you expect?

Best mugshot ever

Best mugshot ever

When Texas Attorney General Ken Paxton named Jeff Mateer as his new first assistant earlier this month, conservatives lauded him for a legal background that’s highlighted by his work on religious-liberty cases.

But Mateer’s background is drawing fire from those who champion gay rights and church-state separation, particularly since the Republican attorney general’s record already includes advising clerks that they could cite their faith as a reason to refuse to issue same-sex marriage licenses.

Mateer isn’t backing away from views that prompt those concerns, saying in a Friday statement to the Express-News, “It’s vitally important to ensure that the state is prohibited from interfering with the free exercise of religion and I look forward to defending these liberties in my new role.”

He quoted the late U.S. Supreme Court Justice William Rehnquist’s description of a wall of separation between church and state as a “misleading metaphor.”

Robert Salcido Jr., president of the League of United Latin American Citizens Council 22198 in San Antonio, wrote in an open letter to Paxton that Mateer’s appointment “presents the appearance the Texas Attorney General is moving the church into a public office. It further suggests your office is setting a course targeting the LGBTQ citizens of Texas to deny our civil rights gains.”

The council – which focuses on fostering positive communication between the lesbian, gay, bisexual, transgender, queer (LGBTQ) and Latino communities – “will monitor his actions and when necessary take appropriate legal action to protect our community,” Salcido wrote. “We will also ensure that the broader community around the state that is committed to extending civil rights to all Texans is informed of your office’s actions.”

The Texas Freedom Network, which describes its mission as monitoring the “far right,” and Americans United for Separation of Church and State said Mateer made an alarming comment during a 2013 speech.

“I’ll hold up my hundred-dollar bill and say, ‘For the first student who can cite me the provision in the Constitution that guarantees the separation of church and state verbatim, I’ll give this hundred-dollar bill. … It’s not there. … The protections of the First Amendment protect us from government, not to cause government to persecute us because of our religious beliefs,” he said then, according to the network.

Kathy Miller, network president, said in a statement last week that it is “deeply troubling to see the irresponsible appointment of a foot soldier in the culture wars who has explicitly argued that this key constitutional principle protecting religious freedom in America is essentially a myth.”

The Observer reported on this last week. Look, we know who and what Ken Paxton is, and we know what he’s about. All he cares about are primary voters and making sure his conservative credentials are sufficiently burnished to ensure that none of his colleagues feel the need to distance themselves from him. It’s the main thing he’s good at. TFN has more.