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February 20th, 2023:

Fifth Circuit again takes Paxton off the hook for testifying in abortion funds’ lawsuit

Feb 20th, 2023
by Charles Kuffner.
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It’s like deja vu all over again.

The only criminal involved

Texas Attorney General Ken Paxton will not have to testify in court as part of a lawsuit over whether abortion funds can help people access the procedure in states where it’s still legal.

A three-judge panel of the Fifth Circuit Court of Appeals on Tuesday overruled an order from U.S. District Judge Robert Pitman for Paxton to appear, finding that he should have first ruled on Paxton’s motion to dismiss and that plaintiffs had not proven “exceptional circumstances” existed that would require his testimony. Paxton has argued the court should toss the suit because he has sovereign immunity, a legal principle that protects state officers and agencies from lawsuits.

[…]

Attorneys general rarely testify, as their office’s lawyers are typically able to explain the high-ranking official’s viewpoint and legal argument.

In its ruling Tuesday, the panel of Republican-appointed judges sided with Paxton, who had argued that it would be unduly burdensome for him to testify and that he did not have any unique knowledge of his office’s enforcement policies.

“The fact that a high-ranking official talks to his constituents does not ipso facto mean he also has ample free time for depositions,” the panel wrote in its ruling Tuesday, referencing Paxton’s public statements. “It is entirely unexceptional for a public official to comment publicly about a matter of public concern. If doing so imparts unique knowledge, high-level officials will routinely have to testify.”

If this sounds familiar, it’s because the Fifth Circuit made a basically identical ruling in September. I was puzzled about the reason why this was litigated again, but a link in this story tells me that the district court judge had ordered Paxton to testify a second time, a couple of weeks after the Fifth Circuit ruled initially. I had just missed that story.

My reaction this time is the same as last time, which is that this doesn’t sound unreasonable, but as there’s every reason to be deeply suspicious of the Fifth Circuit I’d like to see an actual lawyer tell me that it’s reasonable, so that I don’t feel like a chump. Anyway, I guess the bottom line is that nothing much new has happened with this lawsuit.

HISD facing budget cuts

Feb 20th, 2023
by Charles Kuffner.
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Gonna be a rough couple of years.

Amid declining enrollment and a looming $215 million deficit, the Houston ISD is eyeing budget cuts that would slash funding to the central administration and cut campus budgets, especially at high schools.

The initial cuts would cover about $60 million of the deficit in the proposed $2.28 billion budget. School closures may also be on the table in the long term — not in the upcoming school year — to make ends meet, according to discussion at a budget workshop this week and district documents. Thursday’s meeting was the first in a series to be held before the budget is adopted in June.

For years, the district has relied on its savings, which currently stand at $660 million, to cover deficits. But that won’t work going forward, officials say.

School districts’ funding is allotted from the state based on enrollment and attendance rates, both of which have been drastically dropping in HISD amid the pandemic. The district started this year with roughly 186,000 students, an 11 percent decrease from its pre-pandemic 209,309, according to Texas Education Agency data.

The district can’t continue with the status quo and needs to move with a sense of urgency, Superintendent Millard House II told the board.

“We’ve heard it before: There was a loss of 13,000 students in one year, the first year since COVID,” House said. “That’s a major piece of why this deficit has continued to grow. We’re here to address it.”

Improving attendance is one way HISD can increase revenue, but that wouldn’t have a major impact on the budget until fiscal year 2025, House said.

The HISD board also has the option to ask voters to approve a 3-cent property tax rate increase, which would generate about $65 million in additional revenue. However, it’s unlikely they would be able to hold an election in time for budget approval, House said. The district has also had pause in asking for a bond, out of fear a possible state takeover would erode support.

One option that has been top of mind for many parents during budget talks is whether there were be school closures, something the superintendent has hinted at in the past. There are no school closures or consolidations planned for the next academic year, but it is a tool that could be used in the future, HISD officials said.

Let’s be clear about two things. One is that nobody is going to like this, for the excellent reason that it sucks. None of the solutions, no matter how sensible and reasoned, will be well-received. Trustees may lose election over it, and Superintendent House may have a hard time holding onto his job, assuming he’ll want to stick it out till the end of his contract. I can’t stress enough how much this is going to suck.

And two, if HISD is now permanently at a lower level of enrollment, then the truth is that we almost certainly need to close and consolidate some campuses. We don’t have to rush into that – by all means, do everything possible to get students back and market to new students – but if the district really now has ten percent fewer students, then we have too much capacity and we need to scale back. Again, this sucks and everyone will hate it. No one wants their school to go away. I sure wouldn’t. Whatever we can do to minimize this reality, we should. But numbers don’t lie. And these numbers are telling us things we don’t want to hear. Let’s say it one more time: This sucks.

City donates to Winter Street relief

Feb 20th, 2023
by Charles Kuffner.
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Good to see.

Nearly two months after dozens of artists saw their work and gallery spaces burnt away, the city of Houston offered a step toward recovery.

Mayor Sylvester Turner on Thursday announced that the city would donate $250,000 toward recovery efforts at the Winter Street Studios, which in December was destroyed, allegedly by an arsonist targeting one of the artists who worked there.

“I am so, so sorry for what happened.” Turner said. “To lose a lifetime’s worth of your artistry, hard work and livelihood is a hard pill to swallow, and the community and I will continue to rally around you as you move forward.”

The money was donated to the Houston Arts Alliance’s disaster recovery fund. While giving the check, Turner challenged other Houstonians to donate to recovery efforts and match the city’s donation.

“When we have faced tragedies in all different walks in our lives, this city has always responded,” Turner said. “These artists are Houstonians, and they are valued members of our city and our community. We want their work to be demonstrated and shown and showcased.”

See here and here for the background. Good for the Mayor and good for the city. I too would encourage you to make a contribution to the Houston Arts Alliance relief fund if you can. Every little bit helps.