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June 27th, 2022:

Biden signs modest gun control bill

It’s now the law. We’ll see for how long.

President Joe Biden on Saturday signed into law a bipartisan measure to address gun violence, less than 24 hours after the bill was approved by the U.S. House and a month and a day after the deadly shooting at Robb Elementary School in Uvalde.

“Today, we say more than enough. We say more than enough,” Biden said at the White House. “At a time when it seems impossible to get anything done in Washington, we are doing something consequential.”

The measure was negotiated by U.S. Sen. John Cornyn, R-Texas, in the aftermath of the Uvalde shooting that left 19 students and two teachers dead. That shooting had come less than two weeks after a massacre in a Buffalo supermarket that left 10 people dead.

In a statement announcing the signing, the White House thanked Cornyn and a small bipartisan group of other senators involved in its drafting.

The law is widely viewed as a series of modest changes to current gun regulations, falling far short of proposals pushed by House Democrats and Biden to raise the age to purchase a gun, ban assault weapons and expand universal background checks. The most noteworthy provision of the law would close what is known as “the boyfriend loophole.”

Current federal statutes prohibit firearm purchases for those convicted of committing domestic violence against spouses or partners who live together or share a child. To close the loophole, the new law will leave to the courts the contours of expanding how to define and include dating partners who commit such abuse.

Conservatives previously raised concerns that an expansive definition of a partner could threaten constitutional rights. The law will also permit offenders to regain their gun rights if there are no further offenses over five years.

See here for the background. Please note that first sentence in the last paragraph above, because I’ve been speculating about legal challenges to this new law ever since it became apparent that it was about to become law. I was called out in the comments of that earlier post for my assertion that “SCOTUS essentially declared all state gun control measures to be illegal”. I will admit that was a bit of hyperbole, but it’s absolutely the case that state gun control measures of all kinds around the country are now going to be challenged in federal court. Where do you think this Supreme Court will draw a line and say okay, no, that’s a reasonable and constitutional restriction and may stand? It’s not at all clear to me that they believe there is one. I’ll be happy to be proven wrong – and even happier if we finally get around to reforming this completely radicalized and out of control SCOTUS – but I wouldn’t bet any of my own money on it. In the meantime, let’s see when – and yeah, I mean “when” and not “if” – the first suit is filed against this law.

PS – I know I make a lot of podcast recommendations as supplemental material for my posts, so here’s another for you: This week’s Amicus podcast talks for about 30 minutes about the Bruen decision, with the actual legal expert doing the talking sounding a lot more sanguine about certain types of state gun laws surviving future review; he also specifically thinks this federal law will survive. I’m the opposite of an expert, but I am deeply cynical and have zero faith in the consistency or fidelity of this court. You make the call which of us will be more accurate about the future.

In case you hadn’t noticed, we’re in a drought

And by “we”, I mean most of the state.

About 80% of Texas is currently experiencing some level of drought conditions, ranging from “moderate” to “exceptional.”

The drought, which caused wildfires across the state earlier this year and prompted burn bans, is now negatively affecting farmers and ranchers.

A lack of rain during the spring resulted in lower crop production and decreased soil moisture levels, with no relief in sight.

“This is a tough situation,” Tracy Tomascik from Texas Farm Bureau told Houston Matters on Monday, comparing this year to Texas’ historic drought in 2011. “It’s something that we hoped we’d all put in the back of our minds, but this year it has a little added sting to it.”

Hay supply is down, and 78% of the wheat supply in Texas is in “poor” or “very poor” condition.

“It’s as bad as it’s been since 2011, if not worse,” Texas State Climatologist John Nielsen-Gammon said about the state’s wheat supply. “2011 was a wake-up call… I think that experience will be of considerable help this time around.”

[…]

May and June are typically the wettest months of the year in Texas and are the prime months for plant growth. Hungry plants and no rain can quickly lead to a bad situation.

“It’s a flash drought,” Nielsen-Gammon said about the combination of factors working together to cause Texas’ current weather conditions and agricultural obstacles.

The drought is also causing water supply issues statewide as officials ask residents to conserve water.

“The way the weather pattern looks, it’s going to be like that for a while,” Nielsen-Gammon said.

While Houston has not been severely affected by drought conditions, Nielsen-Gammon said that could change.

“Coastal areas have been fairly dry, and with the high temperatures, the dryness is spreading over the whole area now.”

Remember 2011? More terrible drought, wildfires all over the state (especially around Bastrop), a whole month of daily temperatures over 100 degrees? Yeah, that. Any time 2011 is in the conversation, weather-wise, it’s a bad thing.

As far as Houston goes, it’s not that bad right now, but we know how bad it can get because we lived through 2011, too. So please, pay attention to this.

For the first time in a decade, the city is asking property owners to voluntarily cut back on water usage as low rainfall and blistering temperatures push Houston closer to drought conditions.

The solstice arrived Tuesday with temperatures up to 9 degrees hotter than average, triggering phase one of Houston’s drought contingency plan, adopted to stave off water shortages in times of dangerous heat and low precipitation.

Under the plan, residents are asked to voluntarily reduce water usage by watering plants after sunset, repairing dripping faucets and ensuring sprinkler heads do not spray directly into storm drains or streets. The requested moves could become mandatory if drought conditions worsen.

City officials hope the optional measures will cut water use citywide by 5 percent.

It marked the first time the city has entered any version of its drought contingency plan since 2011.

[…]

City officials issued the following voluntary water conservation guidelines, expected to continue until the threat of drought lifts:

  • Limit outdoor watering to twice a week after sunset and before sunrise
  • Single-family homes with even-numbered street addresses are asked to water on Sundays and Thursdays; those with odd-numbered street addresses are asked to water on Saturdays and Wednesdays, with Tuesdays and Fridays reserved for apartments and businesses
  • Check and repair water leaks from dripping faucets and running toilets
  • Fix sprinkler heads to ensure sure water is not disappearing directly into the street, storm drains or gutters

Surely that isn’t much to ask. Let’s do what we can to keep 2022 from being as bad as 2011 was.

NFL to seek at least a one year suspension for Deshaun Watson

That would count as significant.

The NFL is poised to argue for an indefinite suspension of at least one year for Cleveland Browns quarterback Deshaun Watson at a hearing scheduled to begin Tuesday in front of the sport’s new disciplinary officer, according to a person familiar with the case.

The league will contend that Watson, who was accused of sexual misconduct in two dozen civil lawsuits filed by women, violated the NFL’s personal conduct policy and should be suspended without pay for at least the entirety of the 2022 season, that person said. Watson would have to apply for reinstatement under the league’s proposed penalty.

The NFL Players Association is expected to argue to former U.S. district judge Sue L. Robinson, the disciplinary officer jointly appointed by the league and the NFLPA, for far less severe discipline against Watson, perhaps seeking no suspension at all.

Robinson will make the initial disciplinary ruling, under the revised personal conduct policy put in place with the collective bargaining agreement between the league and the players’ union completed in 2020.

If Robinson rules that Watson violated the conduct policy and imposes disciplinary measures, the league or the union could appeal the penalty to NFL Commissioner Roger Goodell or a person designated by him. If Robinson rules that Watson did not violate the policy, the case would be closed, with no possibility of an appeal.

Under the previous version of the conduct policy, Goodell was empowered to both make the initial disciplinary ruling and resolve any appeal. This is the first case under the new system.

It’s not clear how long the hearing will last or when Robinson will make an initial ruling. The NFL aims to have the entire case, including the resolution of any appeal, resolved before the opening of training camp, a person with knowledge of the matter previously said. The Browns, who completed a trade with the Houston Texans for Watson this offseason, have their first full practice involving veteran players scheduled for July 27.

See here for some background, which covers the reasons for why the NFL is asking for such a long suspension, and why the NFLPA disagrees so completely. I’m as pro-labor as you’ll find in these matters, but I’m fine with Watson being made to sit for a year or more – let’s not forget, he’ll mostly be paid for all that time thanks to the terms of the contract he signed with Cleveland – if only because of the magnitude of the offenses. If there’s some mitigating factor that we the public don’t currently know, then fine. Maybe the terms of the 20 settled lawsuits are available to Judge Robinson. Maybe the NFLPA’s argument that the NFL has let owners like Daniel Snyder totally skate on egregious sexual misconduct charges, as Defector’s Ray Ratto notes, will carry some weight. Whatever the case, we’ll know exactly what the NFL is asking for tomorrow, and we’ll have the judge’s answer in a couple of weeks. ESPN and Sean Pendergast, who notes that Watson appears to have been trying to negotiate a settlement with the NFL over his forthcoming sentence, have more.