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August 18th, 2021:

SCOTx confirms quorum-busting Dems can be arrested

I thought this had been settled already, but I guess not.

Texas House Democrats who refuse to show up to the state Capitol in their bid to prevent Republican lawmakers from passing a voting restrictions bill can be arrested and brought to the lower chamber, the Texas Supreme Court ruled Tuesday.

The all-Republican court sided with Gov. Greg Abbott and House Speaker Dade Phelan — and ordered a Travis County district judge to revoke his temporary restraining order blocking the civil arrest of Democratic lawmakers whose absences have denied the chamber the number of present members needed to move any legislation.

“The legal question before this Court concerns only whether the Texas Constitution gives the House of Representatives the authority to physically compel the attendance of absent members,” Justice Jimmy Blacklock wrote in the court’s opinion. “We conclude that it does, and we therefore direct the district court to withdraw the TRO.”

The state Supreme Court already has blocked court rulings in Travis and Harris counties to shield the quorum-busting Democrats from arrest — but Tuesday’s ruling signified that it’s legal under the state Constitution for House leaders to compel members to be physically present in the House, even if it means their arrest.

See here and here for the background that I had. I feel like I must be missing another story or two, but there’s been so much news the past couple of weeks who can even tell? Anyway, to me the question remains will any law enforcement officer actually do this? It’s not just the arresting part, it’s the transporting them to Austin part. I know that things like “norms” and “precedent” are basically meaningless these days, and that we have all been experiencing too many things we once thought could never happen, but I still have a hard time believing this. One way or another, I guess we’ll find out.

Abbott tests positive for COVID

I’m going to be succinct about this.

Gov. Greg Abbott tested positive Tuesday for COVID-19, according to his office.

Abbott, who is fully vaccinated, is not experiencing any symptoms and is isolating at the Governor’s Mansion, spokesperson Mark Miner said in a statement. He is getting Regeneron’s monoclonal antibody treatment.

Public health officials have noted that while breakthrough cases like Abbott’s are occurring, vaccines are still proven to be effective at reducing the severity of the virus.

“The Governor has been testing daily, and today was the first positive test result,” Miner said. “Governor Abbott is in constant communication with his staff, agency heads, and government officials to ensure that state government continues to operate smoothly and efficiently.”

Miner added that “everyone that the Governor has been in close contact with today” has been informed of his positive test. The first lady, Cecilia Abbott, tested negative.

Abbott addressed the diagnosis in a video posted to his Twitter account about two and a half hours after his office’s announcement. He reiterated he was not feeling any symptoms and suggested one reason for that may be the fact he is vaccinated. Abbott got his first shot late last year, and the vaccine is known to prevent serious cases.

[…]

Abbott has kept up public appearances in recent days. He spoke Monday night at what he called a “standing room only event” in Collin County, later tweeting photos of him addressing a maskless crowd. His campaign tweeted video of him mingling with the crowd, taking photos.

The Collin County event was organized by the Heritage Ranch Republican Club. Neither the club nor Abbott’s office immediately responded to requests for comment on the event.

Less than three hours before his diagnosis was announced Tuesday afternoon, Abbott tweeted pictures of a meeting with guitarist Jimmie Vaughan. The musician’s team said in a statement Tuesday evening that “Jimmie and family have tested negative and are doing fine.”

I don’t want anyone to get COVID. I don’t want anyone to die from COVID. I hope Greg Abbott recovers fully from his bout with COVID. I hope every maskless person at that packed event has the sense to quarantine and get themselves tested so they don’t get COVID and especially so they don’t give it to anybody else. And I never, ever want to hear anyone talk about how “personal responsibility” is what we need to beat COVID.

HISD warns of “consequences” for not complying with their mask mandate

Consequences are, well, a natural consequence of non-compliance.

Houston ISD students and employees who refuse to wear masks when the school year begins could face discipline and be forced to temporarily learn online under new guidelines released by the district.

With exceptions and reasonable accommodations made for people with a “documented medical disability,” the district’s updated back-to-school plan, released Friday evening, says that those who refuse to comply with the mask mandate will face consequences.

HISD Superintendent Millard House II implemented a mask requirement on all students, staff and visitors to all campuses and facilities last week, with the support of the board of trustees.

Under the new rules, laid out in the district’s “Ready, Set, Go” plan, if a student is not wearing a mask, one will be provided. Students who refuse to wear masks will be “placed in a separate area” and their parents or guardians contacted. Students who continue to refuse to use face masks will be directed to stay home, marked absent and offered temporary online learning. Kids who refuse to wear face coverings on buses also may have their transportation privileges suspended.

An employee who refuses to wear a mask will be sent home for one day on administrative leave. A second occurrence will result in the employee being sent home and his or her personal time docked. If an employee violates the mandate a third time, he or she will face discipline, be sent home and personal time docked.

[…]

Jackie Anderson, president of the Houston Federation of Teachers, said she thinks HISD Superintendent Millard House is making the right move with the new rules.

“I feel that he’s trying to do what is best for staff and students,” she said. “Employers have a right to do what they think is best for their employees.”

However, like all disciplinary actions, the union will defend its members who face consequences for not wearing masks.

“We would defend any member facing any disciplinary action,” she said. “We have an obligation to do that.”

See here for some background; I missed the story where HISD approved the proposal. I agree completely with this approach. Put the burden on the people who refuse to comply. There’s no better way to maximize compliance. We’ll see what the legal situation looks like on Monday, but I fully support this approach.

The alternative looks something like this:

With the official return of students to campuses in Katy ISD slated for Wednesday, Aug. 18, the district reports it currently has 100 reported cases of COVID-19 throughout the district.

According to the district’s COVID-19 dashboard, the hardest-hit campuses are among the biggest in the district including:

Katy High School with six cases, including three staff members and three students.

[…]

While not mandated, the district encourages students and staff to wear face coverings when indoors, particularly for kindergarten through sixth-grade students until a COVID-19 vaccine is approved for students those ages.

Social distancing is encouraged, when possible.

Or this:

A small school district in West Texas has apparently become the first in the state this school year to temporarily shut its doors due to rising numbers of COVID-19 cases in the community.

An official of the Iraan-Sheffield Independent School District, with fewer than 400 students, announced Monday that it will close as of Tuesday and aims to reopen Aug. 30.

“This decision was made to ensure the safety of our students and staff as well as to make certain that we have appropriate staff available for each campus,” Superintendent Tracy Canter said in the statement.

Two small East Texas school districts — Bloomburg and Waskom — also planned to cancel classes at some schools this week due to the coronavirus, The Dallas Morning News reported.

[…]

The district’s back-to-school plan said masks were not required but were strongly encouraged.

Over the last week, COVID-19 hospitalizations in Pecos County, where Iraan is located, have risen from 9.5% to about 14.5% of hospital capacity, according to the Texas Department of State Health Services.

This is what “voluntary compliance” will get you. Give me mandatory compliance, if you want better results.

Fired Methodist employees file another lawsuit

In state court this time, in what should be one of the friendliest venues available to them.

A new lawsuit filed Monday in Montgomery County against Houston Methodist claims the hospital wrongfully terminated 62 employees over their COVID-19 vaccine requirement.

The suit, filed by attorney Jared Woodfill, alleges the hospital’s COVID vaccine mandate goes against Gov. Greg Abbott’s statement that the government can’t mandate vaccine passports in Texas, that breakthrough infections pose a problem with the current COVID-19 vaccines available and that there was no exception for people who have not been vaccinated because they previously caught COVID-19 as a result of their employment.

In June, a federal judge tossed a lawsuit filed against Houston Methodist Hospital over its COVID-19 vaccine requirement, finding that the mandate “was not coercion.”

Houston Methodist became the first hospital in the nation to require a COVID-19 vaccine as a condition of employment. The health system’s human resources policy required employees to be fully vaccinated by June 7, or risk suspension and eventual termination.

[…]

Woodfill, the former Harris County GOP chairman who is representing the 62 plaintiffs, noted in an interview that Abbott has repeatedly said vaccines will not be mandated by the state.

Specifically, he noted Abbott’s most recent order, in which the governor said Texans “have the individual right and responsibility to decide for themselves and their children whether they will wear masks, open their businesses and engage in leisure activities.”

Woodfill said Abbott’s order “articulates or identifies a public policy for the state of Texas, that you can’t just force people to comply with.”

In the first lawsuit filed against Houston Methodist, Woodfill and more than 100 plaintiffs argued the vaccine requirement was unlawful. The complaint likened the vaccine requirement to a violation of the Nuremberg Code, the set of medical ethics created following World War II in response to Nazi atrocities.

U.S. District Judge Lynn Hughes called the comparison “reprehensible” in his June ruling tossing the lawsuit. Woodfill and the plaintiffs have appealed the ruling.

More than 170 employees at Houston Methodist were fired after not receiving the COVID-19 vaccine by the June deadline, according to the hospital.

Houston Methodist CEO Marc Boom said Monday he was “not surprised” by the complaint.

“It just seems to completely rehash the other lawsuit, which was very clearly and definitively overturned and dismissed by Judge Hughes,” Boom said. “We would expect the same thing in this case.”

See here, here, and here for some background on the federal lawsuit. While Montgomery County is likely to be as pro-COVID a location as Jared Woodfill could find for this nonsense, the fact remains that Texas is a strongly pro-employer state, and that will be a high hurdle to overcome. As the story notes, multiple other hospital systems including (finally) Texas Children’s and St. Luke’s have initiated similar mandates, so there doesn’t seem to be any fear of the legal risk on their part. I expect this will get swatted back, but with Montgomery County you can never be too sure. We’ll keep an eye on it.