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December 29th, 2020:

Okay, so *this* is the last pointless gesture

You can always count on Louie Gohmert to find the stupidest thing possible to do.

Vice President Pence was sued Sunday by Rep. Louie Gohmert (R-Texas) and several other Republicans in a far-fetched bid that appeared aimed at overturning President-elect Joe Biden’s election win.

The lawsuit focuses on Pence’s role in an upcoming Jan. 6 meeting of Congress to count states’ electoral votes and finalize Biden’s victory over President Trump. Typically, the vice president’s role in presiding over the meeting is a largely ceremonial one governed by an 1887 federal law known as the Electoral Count Act.

But the Republican lawsuit, which was filed against Pence in his official capacity as vice president, asks a federal judge in Texas to strike down the law as unconstitutional. The GOP plaintiffs go further: They ask the court to grant Pence the authority on Jan. 6 to effectively overturn Trump’s defeat in key battleground states.

Election law experts were dismissive of the lawsuit’s prospects for success.

“The idea that the Vice President has sole authority to determine whether or not to count electoral votes submitted by a state, or which of competing submissions to count, is inconsistent with a proper understanding of the Constitution,” said Edward Foley, a law professor at the Ohio State University.

[…]

Election law experts said there’s a strong possibility that U.S. District Judge Jeremy Kernodle, a Trump appointee, would find that Gohmert, Ward and the other Republican litigants lacked a legal right to sue.

“I’m not at all sure that the court will get to the merits of this lawsuit, given questions about the plaintiffs’ standing to bring this kind of claim, as well as other procedural obstacles,” Foley said.

Take that, Lance Gooden! Louie will show you what true fealty to Dear Leader looks like. In the spirit of not wasting your time any more than I already have, I will as tradition demands quote a couple of tweets from people who have some knowledge of the law and the constitution.

Rick Hasen has a copy of the complaint if for some reason you want to read it. Otherwise, you may safely resume ignoring Louie Gohmert, at least until the next time he unleashes some Kraken-level stupidity. Daily Kos has more.

Abbott appoints another statewide judge

From before the holidays:

Judge Michael Keasler

Jesse McClure, a trial judge on a criminal court in Houston, will join the state’s highest court for criminal matters in the new year.

Gov. Greg Abbott appointed McClure, a Republican, to the Court of Criminal Appeals, where he will fill a seat being vacated by Judge Michael Keasler. Keasler, 78, is departing Dec. 31 under Texas’ mandatory retirement law for judges.

McClure was appointed to his current bench by Abbott in November 2019 but lost his reelection bid to Democrat Te’iva Bell last month in an election that saw Democrats sweep Harris County.

Previously, McClure worked as a prosecutor for the Texas Department of Insurance, as an attorney with the Department of Homeland Security and as an assistant district attorney in Tarrant County. He will serve the remainder of Keasler’s term, which lasts through the end of 2022, and then plans to seek reelection.

[…]

A Texas law that requires judges to retire within a few years of turning 75 forced Keasler to step down partway through his six-year term.

In Keasler’s case, the law caused a fair bit of confusion.

Last year, two Democrats pursued the nomination to run for Keasler’s seat, expecting an election, rather than an appointment, in a misunderstanding that even the Texas secretary of state’s office did not escape. Ultimately, given that Keasler served through the end of the year, the seat fell to Abbott to fill, not the voters.

Keasler said that did not influence his decision to serve through the end of the year.

“I know I’m in the fourth quarter, there’s no question about that, I just hope I’m not at the two-minute warning just yet,” he joked.

See here for the background on that confusion. I guess “within a few years of turning 75” does leave some room for interpretation. McClure was Abbott’s second appointment to a statewide bench in the last three months, following the well-timed resignation of now-former Supreme Court Justice Paul Green. For all the biennial debate we have about electing judges versus some other system for naming them, we sure do have a lot of judges on the Supreme Court and Court of Criminal Appeals who got there initially via gubernatorial appointment. Such selections come with no requirement for Senate confirmation, and in nearly every case the newbie judge gets two full years on the bench before having to face the voters. We can as always debate the merits of the system we have, but we should be honest about the way that system actually works.

Hunting hogs from hot air balloons

Not as popular as hoped.

Turns out, hunting feral hogs from a hot air balloon is not all that popular in Texas.

Three years after state lawmakers approved the high-flying hunts, no balloon company has gotten a permit, according to Texas Parks and Wildlife.

Gunning down feral hogs from a helicopter, however, has taken off. Since the Legislature passed the so-called “pork chopper” bill in 2011 to drive down invasive pig populations, scores of businesses have begun offering aerial hog hunts to customers willing to pay thousands of dollars for the experience.

[…]

[Ag Commissioner Sid] >Miller said he floated the hot air balloon proposal to a state lawmaker after meeting a West Texan who raved about using balloons to hunt hogs. They are less noisy than helicopters and offer a more steady shooting platform, proponents have said.

Still, balloons come with their own challenges, chief among them, the wind, which can send hunters flying in the opposite direction of the hogs.

“Even though you might know where the winds are forecasted to go, doesn’t mean that’s always what the winds are going to do,” said Josh Sneed, Southwest Region Director for the Balloon Federation of America.

Sneed doesn’t know any Texas balloon pilots who offer hog hunts. Safety has been a chief concern, he said.

“You can do it safely,” he said. “But most pilots don’t feel comfortable having people carrying rifles in their balloons with them and discharging (them).”

Helicopters have proven far more popular. There are currently 155 active permits for aerial wildlife management that list helicopters, according to Texas Parks and Wildlife.

HeliBacon, based in Bryan, has approval from farmers and ranchers to hunt hogs across roughly 300,000 acres in the area, said CEO Chris Britt. Hogs tend to be nocturnal, so the after-dawn excursions last just a few hours. About 85% of the company’s customers come from out of state and some of them from abroad, he said.

“From the customer’s perspective, they want to fly in a helicopter at a low level. They want to shoot a machine gun. They’re chasing a live, moving target,” Britt said. “The fact it happens to be a feral pig that they are killing… and it’s good for the ecology, the farmers and the economy is a bonus.”

Using aircraft to take out an entire group of wild pigs is effective, but if some get away, they learn to start avoiding the sound of helicopters, said John M. Tomecek, Assistant Professor and Extension Wildlife Specialist at Texas A&M University.

See here, here, and here for more on the pork-chopping bill, which also got off to a slow start. I don’t know how I missed the story of the hot air balloon option, but it wasn’t expected to do much anyway.

It’s easy to make fun of all this, and honestly I don’t know why anyone would want to pilot any kind of aerial vehicle while one or more people in said vehicle was firing guns at moving targets, but as we have noted many times before, feral hogs are a huge problem in Texas. It’s nearly impossible to control the population growth, because they reproduce so quickly and plentifully. I’m fine with some outside-the-box ideas to try and keep the population under some control – a plan to deploy poison against the hogs was ultimately withdrawn after concerns were raised about environmental damage – though as the story notes, it’s not clear how effective the pork-chopping strategy has been. But hey, until something better comes along, at least people are trying it.