Off the Kuff Rotating Header Image

June 9th, 2021:

How about we sue you for a change?

The state of Texas has sued the federal government more times than I can count in recent years. There may be examples of the reverse happening, but offhand I can’t think of any. As such, this may be a first.

The Biden administration is threatening to sue Texas over its plans to stop state-licensed facilities that are contracted with the federal government from housing migrant children, with a federal attorney calling the state’s move a “direct attack” on federal refugee resettlement efforts.

The federal response comes after Gov. Greg Abbott ordered last week that Texas child care regulators revoke the licenses of state-licensed facilities that house migrant children. The move, the latest by the Republican governor as he spars with President Joe Biden over immigration policies, would force the facilities to stop serving unaccompanied minors or lose their license to serve any children.

Texas officials have already begun instructing the 52 state-licensed facilities serving migrant children to wind down operations by Aug. 30, following Abbott’s order, according to a notice sent to shelters by the Texas Health and Human Services Commission.

In a letter sent Monday to Abbott and other Texas officials, Paul Rodriguez, a top attorney for the federal Department of Health and Human Services, said Texas’ move violates the U.S. Constitution’s Supremacy Clause, which says federal law supersedes state laws. He asked the recipients to clarify whether they intended that the order be applied to those shelters, which are overseen by HHS and its refugee resettlement branch, the Office of Refugee Resettlement.

He wrote that the federally contracted shelters “comprise a significant portion of ORR’s total operational footprint, and represent an indispensable component of the Federal immigration system.”

If Abbott’s May 31 order includes those ORR facilities, it “would be a direct attack on this system,” Rodriguez said in the letter. He gave the state until Friday to clarify whether the order will affect those facilities.

If so, he said legal action could follow.

[…]

The governor’s office did not respond to questions about the potential relocation of children who are housed in the state-licensed shelters or whether the state was considering backing down on its order in light of the HHS letter.

Abbott pointed to the state’s foster care capacity woes as one of the reasons for his order. Hundreds of foster children have spent nights in hotels, community organizations or Child Protective Services offices because there weren’t enough suitable placements as dozens of foster care providers relinquished their contracts with the state due largely to higher scrutiny on the system.

“The unabated influx of individuals resulting from federal government policies threatens to negatively impact state-licensed residential facilities, including those that serve Texas children in foster care,” Abbott wrote in the order.

Only 134 migrant children were housed in federally contracted Texas facilities that also serve foster children as of May 10, according to the data gathered by the Associated Press.

Patrick Crimmins, a Texas Department of Family and Protective Services spokesperson, said unaccompanied immigrant children don’t enter the state’s foster care system directly. They would only be in the system if they had to be removed from family members with whom federal employees placed them.

“There are no children in foster care simply because they are an unaccompanied minor. Children are only in foster care because of abuse or neglect that is reported to us and investigated by us,” Crimmins said.

Asked how Abbott’s order might affect the foster system’s placement shortages, Crimmins replied, “We don’t know that yet.”

Abbott’s claim is that the feds have foisted an unfunded mandate on Texas, which strikes me as a perennial complaint that is made whenever it’s convenient. It’s also a little rich given the recent “certain cities can never spend less money on the police” legislation. This is a political squabble more than anything, though with the higher stakes of having a direct effect on some number of children. Putting those very real effects aside for a moment, the political fight will turn on the question of who gets blamed for any harm that results to these children. (Yes, I know exactly how awful that sounds.) We have one possible data point from this Chron story:

Texans back President Joe Biden’s approach to immigration over Gov. Greg Abbott’s by nearly 10 percentage points, according to a new poll released as the clash between the governor and Biden administration over border policy continues to escalate.

The poll, conducted at the end of May, found 44 percent of Texans approve of Biden’s handling of immigration compared to 35 percent who approve of Abbott’s. The online poll of 506 Texas residents was conducted by Spectrum News and Ipsos and had a margin of error of plus or minus 5.2 percentage points.

The poll link appears to be broken. I’d be dubious of it even if I could inspect it, as Biden has generally polled worse on immigration and the border than he has overall. It’s also one poll result, with all the usual caveats. That said, if this comes down to video images of possibly crying children being relocated, even if it’s just from one shelter to another, “Abbott gave the order to close the shelters” will outweigh “Abbott blames Biden for not giving the state enough money for the children in the shelters”. I could be wrong about that, of course, and if it turns into litigation I suspect a judge would step in and halt any closures for the time being, until the legal questions can get sorted out. I suspect Abbott knows that part as well, so again this comes back to being a partisan fight. Abbott doesn’t generally back down from those when he’s opposite the feds. Expect this to take awhile to come to a resolution. Daily Kos has more.

All juiced up with no place to go

Seems like there should be a better solution for this.

In 2005, the Texas Legislature approved the development of a network of electric transmission lines to send wind and solar power from West Texas to population centers in other parts of the state. The landmark project transformed the renewable energy industry and the slice of West Texas that Rep. Drew Darby calls home.

Metallic fields of photovoltaic solar panels now stretch across once bare scrub land. Lines of sky-scraping wind turbines reach to the horizon. And with those renewable energy projects came “some of our only opportunities for economic development” in rural Texas, said Darby, a Republican from San Angelo.

But those opportunities are at risk as companies cancel or postpone new wind and solar farms, and the list of planned projects keeps getting shorter. One key reason: generators can’t be sure that they can get their power to market.

The rapid growth of renewable energy, particularly wind power, has outstripped the carrying capacity of transmission lines. Even when demand soars and electricity supplies run short, the state’s grid manager, the Electric Reliability Council of Texas, must limit the power West Texas wind and solar farms can sell into the grid because of transmission constraints.

“I started seeing some projects go off the boards, and companies were saying they’re not going to build,” Darby said. “I asked why, and they said ‘We’ve had curtailments. We’re going to have to curtail production at certain times.’”

That West Texas has plenty of power but no place to go carries more than a little irony as policy makers and regulators focus on increasing electricity supplies following the deadly February power crisis. ERCOT is forecasting record power demand this summer, with a reserve margin — the cushion of extra generation available when supplies get tight — that’s higher than in recent years, but still well below the margins with which other grids operate.

[…]

Even as parts of the state bake in the summer heat and homeowners crank up air-conditioning units, the transmission limits mean the excess power generated out West won’t make it to where demand will be highest.

Ross Baldick, an emeritus professor of electrical and computer engineering at the University of Texas at Austin, said West Texas transmission upgrades completed in 2014 can transport about 18,500 megawatts of electricity, but more than 20,000 megawatts of wind energy alone are generated in the area. Due to other technical constraints, grid officials must limit power through those lines to less than 12,000 megawatts to keep them working properly.

Think about it like water pipes, Baldick said. One main pipe feeds smaller pipes that provide water to individual homes. If you try to force more and more water into the pipes, you reach a limit where the pipes could burst. To avoid that problem, you would have two choices: build more pipes to offset the stress on the existing pipes, or limit the amount of water flowing through the pipes.

Those are the choices for the power grid: build more transmission to transport increasing amounts of renewable power from the west, or limit the amount of power on the transmission lines.

As the story notes, West Texas has all of the conditions you could want for solar and wind energy generation, but none of it matters if you can’t hook it up to the grid. As a result, the projections of wind and solar energy for the year are declining. The House passed a bill by Rep. Darby to expedite the process ERCOT uses to study and plan for new transmission projects and the Public Utility Commission’s ability to approve them, but it died in the Senate. The power companies themselves aren’t going to build more transmission capacity, so here we are. Sure seems like there ought to be a better way.

How the NFL handles domestic violence and sexual assault charges

Sith great inconsistency, is the short answer. Anyone interested in what may happen with Deshaun Watson should read this.

Ray McDonald was playing for the San Francisco 49ers in August 2014 when he was arrested for allegedly assaulting his pregnant fiance.

Charges were never filed. He never missed a game.

Four months later, in December 2014, McDonald became a suspect in a sexual assault case. The 49ers cut him from the team, but the NFL did not take action.

The Chicago Bears signed McDonald three months later, in March 2015. The rape charges were dismissed in 2017 after the victim declined to testify.

In May 2015, McDonald was in trouble yet again. He was arrested after allegedly assaulting his ex-fiancee in California while she was holding their infant son. A grand jury declined to indict him on the domestic violence charge.

The Bears cut him from the team. The NFL has not taken action, and McDonald has not played since.

Cases such as McDonald’s illustrate the NFL’s inconsistent punishment system for players accused of sexual and domestic violence, experts in sports and violence culture say: As long as a player is good and making a team money, they will receive some modicum of protection.

The league took steps to improve its domestic and sexual violence education — and strengthen its punishment policy — after Baltimore Ravens’ Ray Rice in 2014 knocked his then-fiancee unconscious in an elevator in Atlantic City. Now, the league’s baseline is a six-game suspension for the first violent — or threat of violence — offense and a lifetime ban for the second. The player does not have to be charged or convicted of a crime to receive this punishment.

It is very difficult to track how many NFL players are accused of violent offenses and whether they faced punishment by their teams or the league. The NFL does not maintain a public database of its disciplinary actions.

However, using a USA Today database supplemented by Houston Chronicle reporting, the newspaper found nearly 80 instances in which players had been accused of, cited, arrested or charged with violent offenses since January 2015, after the NFL revised its policy.

Only 27 of the 68 players examined by the Chronicle received an NFL suspension, and often the punishments doled out were inconsistent. At least nine players from 2015 to present were repeatedly accused, arrested or charged with a violent crime, often before receiving any sanctions from the league.

About 32 percent of those nearly 80 instances resulted in punishment through the criminal justice system. In the instances they were not, cases are still ongoing, the players were acquitted or the charges were dropped. Some accusations were not reported to police or the alleged victims recanted their stories or declined to proceed.

There’s a lot more, so read the whole thing. The NFL has been bad at this for a long time (other sports leagues are not much better), but they’re at least more engaged with the issue now. It’s a complicated question, and how the leagues respond will need to continue to evolve. If you’re any kind of sports fan, you’ve had to deal with a lot of mixed feelings over this. It’s not going to get any easier.