Federal judge rules for third parties in petition access lawsuit

We’ll see how much difference this makes.

A federal judge in Austin has blocked Texas from enforcing a more than century-old state law that requires third-party candidates to collect petition signatures on paper to qualify for a place on the ballot.

U.S. District Judge Robert Pitman ruled on Monday that the requirement was unconstitutionally applied to minor political parties and candidates. Major political parties are not required to get signatures.

“Texas first adopted that procedure in 1905, and defendants admitted that it has not been significantly updated or improved in the 118 years since,” Pitman said in his order.

The lawsuit was filed in 2019 by four minor political parties: the Libertarian Party of Texas, the Green Party of Texas, America’s Party of Texas and the Constitution Party of Texas.

[…]

State law required minor party candidates to obtain 83,717 paper signatures in 75 days.

Under the new order, they can now obtain those signatures electronically.

“I think the most important thing is that Judge Pitman’s order eliminates a major obstacle to free, open and competitive elections in Texas that present voters with meaningful choices at the polls,” Oliver Hall, founder and executive director of Center for Competitive Democracy said.

CCD was joined by Shearman & Sterling, a multinational law firm in representing the plaintiffs in this case.

“Judge Pitman got it right for sure on this one. We’re very pleased that we were able to play a role in it,” David Whittlesey, a partner for Shearman & Sterling’s Austin office said.

Whittlesey added the case was done on a pro bono basis and Shearman & Sterling’s New York and Washington, D.C., offices assisted in the lawsuit.

See here for the background. I know federal lawsuits can take a long time, but four years to an initial ruling, wow. That 83,717 signature threshold was for the 2020 elections, based on 2018 turnout, which as noted was a record-breaker for non-Presidential years. Turnout was slightly down in 2022, but it was still a lot higher than it had been in years before; using the “one percent of the previous Governor’s race turnout” criteria would still require about 81K signatures for 2024 access.

As I said when this was filed, I don’t have any problem with what the plaintiffs were seeking. It’s a reasonable and sensible thing to ask for. I presume there will still be a process to verify the electronically-collected signatures. It’s possible the capacity for fraud is greater this way, but there ought to be ways to check that as well. I don’t know exactly how this will work – perhaps the Secretary of State will have to provide some rules – but I’m not too worried about it. It’s still a lot of sigs to collect, and turnout in both primaries next year ought to be high, so there are still significant barriers in place. How much this ruling helps, assuming it’s not appealed and put on hold in the interim, remains to be seen. Oh, and the fact that we got this ruling while electronic voter registration remains illegal really chaps my hide. That’s a Republican problem and not a Green/Libertarian one, but it still sucks.

Posted in Legal matters | Tagged , , , , , , , , , , , , , , , , , | 3 Comments

Lots of broadband funding on the way

Nice.

Texas will receive more than $3.3 billion in federal money — the most of any state — to help expand broadband availability statewide, the Biden administration announced Monday.

The money will be distributed from the $42.45 billion in the Broadband Equity, Access and Deployment program as part of President Joe Biden’s 2021 Bipartisan Infrastructure Law. The funds aim to connect more than 8.5 million households and small businesses nationwide — and nearly 2.8 million of those households without broadband are in Texas. Each state received at least $107 million.

Separately, the BEAD program includes more than $14 billion in funding for the Affordable Connectivity Program, which makes broadband service more affordable for eligible households nationwide (and can be applied for now), $2 billion for the Tribal Broadband Connectivity Program, and $2 billion for the Department of Agriculture’s Reconnect Program that provides loans and grants to build broadband infrastructure in eligible rural areas.

Texas and the other states can submit initial funding proposals from July 1 through Dec. 27. After the National Telecommunications and Information Administration approves proposals, which will occur on a rolling basis, states and territories will be able to access at least 20% of their funds. The Texas Broadband Development Office will allocate the funds, which will go to where the state and federal broadband maps indicate service is needed. However, service providers and local officials have disputed the accuracy of those maps.

The Biden administration has compared its investment in broadband to the 1936 Rural Electrification Act, which offered low-cost loans to help bring electricity to rural areas.

“Whether it’s connecting people to the digital economy, manufacturing fiber optic cable in America, or creating good paying jobs building internet infrastructure in the states, the investments we’re announcing will increase our competitiveness and spur economic growth across the country for years to come,” Secretary of Commerce Gina Raimondo said in a statement Monday.

The $3.3 billion federal allotment will boost investments made by Texas lawmakers during this year’s legislative session. House Bill 9, filed by State Rep. Trent Ashby, R-Lufkin, allocates $1.5 billion to expand internet availability in the state. Gov. Greg Abbott signed HB 9 into law this month, and Texans will vote on the final approval of the funds in November.

See here for some background. Between this and the microchip funding, that’s a whole lot of federal dollars coming into our state. What else is there to say, once again, but “Thank you, President Biden”! (Also, quit taking credit for things you voted against, Sen. Cornyn.)

Posted in The great state of Texas | Tagged , , , , , , , , , , | Comments Off on Lots of broadband funding on the way

On destigmatizing UFOs

I agree with this.

NASA wants to remove the stigma around reporting and researching UFOs.

During a public meeting on Wednesday, NASA said its 16-member team of independent experts had been harassed for helping create a strategy to better categorize and evaluate unidentified flying objects — now called UAPs, for unidentified anomalous phenomena.

This is a serious topic deserving rigorous scientific analysis, NASA said, and harassment hinders progress in the field. Analyzing UAPs could help scientists better understand the world — potentially the universe — and it could improve situational awareness crucial for airspace safety.

“Conversations like this one are the first step to reducing the stigma surrounding UAP reporting,” said Dan Evans, the assistant deputy associate administrator for research at NASA’s Science Mission Directorate. “Moreover, transparency is essential for fostering trust between NASA, the public and the scientific community. In order to do things right, we must work together, pooling our resources, our knowledge and our expertise.”

The independent study team was tapped last year and plans to release a report by the end of July. Its focus is on the sky, where most of the sightings have been reported, though the National Defense Authorization Act recently changed the acronym from unidentified aerial phenomena to unidentified anomalous phenomena. This expands the scope to undersea and in space.

[…]

More than 800 UAP sightings have been collected in the past 27 years. Of those, maybe 2 to 5 percent are truly anomalous, said Sean Kirkpatrick, director of the All-domain Anomaly Resolution Office, which was started last year within the Department of Defense.

Most UAPs have explainable sources, such as commercial aircraft, military equipment, drones, weather balloons, SpaceX Starlink satellites or ionospheric phenomena including auroras.

For instance, Kirkpatrick showed a nighttime video with three dots that moved left then right, left then right, over and over. Those dots were planes lined up to land at a major airport. The planes were all flying to the left, and the back and forth motion was caused by a “jitter” in the sensor.

Optical illusions are common when flying a plane or spacecraft, confirmed former NASA astronaut and fighter pilot Scott Kelly. He described flying near Virginia Beach when his companion thought he saw a UAP. They turned around, and it was a Bart Simpson balloon.

That’s why better data collection will be a crucial part of the recommendations for studying UAPs.

That was from a month ago, as usual I’m catching up on posts that got lost in the drafts. Like I said, I agree with this premise. More and better data will help demystify these phenomena, and we might learn something useful. I look forward to seeing that report in July.

Posted in Technology, science, and math | Tagged , , | Comments Off on On destigmatizing UFOs

Weekend link dump for July 2

“But Musk’s constant lying about Twitter’s bot situation should be different. Nobody likes bots, and Musk has spent many months concocting ludicrous claims about them. Everyone should be annoyed. When he tried to get out of buying Twitter, he said bots were rampant. Since being forced to follow through on his purchase, he has claimed the opposite. Neither position has been honest. Fourteen months after Musk made his deal, and nine after he took over, something has become clear about his public statements: If he’s talking about bots, he is absolutely full of it, and nobody should believe him.”

A lovely story about an Afghan refugee family now living in San Antonio and the elementary school their oldest children are attending, which has classes that are specially designed for children whose education was disrupted by war or persecution before they arrived in the United States.

Maybe consider cold brewing your tea instead of making sun tea.

RIP, John B. Goodenough, Nobel prizewinner in chemistry for his contributions in developing the lithium-ion battery.

Thanks for the solid, Senator Scott! Stay out on that campaign trail as much as you want.

Let them fight.

Why anyone would be listening to anything Lance Armstrong would be saying in the Year of Our Lord 2023 is a question I cannot answer.

“For five years Paramount made Star Trek its streaming guiding light, a franchise dream that pushed Paramount’s own digital walled garden to where it is today. Now, those stars are starting to blink out, and the studio only has itself to blame.”

Behind the Scenes of Justice Alito’s Unprecedented Wall Street Journal Pre-buttal”.

“703 Ways Trump’s Mar-a-Lago Conduct Bears No Resemblance to Hillary Clinton’s Emails”. Yes, 703.

“There’s a Time Bomb in Progressives’ Big Supreme Court Voting Case Win”.

You probably shouldn’t try to update “We Didn’t Start The Fire”. It’s a lot harder than you think.

RIP, Julian Sands, actor best known for A Room With A View.

“Gen Z’s affinity for watching content with captions on and the increasingly global nature of streaming are creating a massive market for transcribers – even as AI looms to take their jobs.”

“Emails first released by the Jan. 6 Committee that have not previously been reported on in detail reveal how several key Trump attorneys coordinated the actions of two fake electors from the state of Nevada — both of whom have now reportedly received immunity in exchange for testimony in Special Counsel Jack Smith’s investigation.”

RIP, Alan Arkin, Oscar- and Tony-winning (and Emmy-nominated) actor known for Little Miss Sunshine, among many other roles.

Not everyone deserves to eat good pizza.

The Mysterious Case of the Fake Gay Marriage Website, the Real Straight Man, and the Supreme Court”. What do you call a Supreme Court that makes earth-shaking rulings on civil rights based on lies?

Posted in Blog stuff | Tagged | Comments Off on Weekend link dump for July 2

Supreme Court upholds Abbott’s mask mandate ban

Welp.

Settling a heated pandemic-era debate between Gov. Greg Abbott and leaders of the state’s major urban areas, the Texas Supreme Court ruled Friday that the governor had the legal authority to forbid local officials from requiring residents to wear masks in order to slow the spread of COVID-19.

As a contagious form of the virus raged in summer 2021 and threatened to push hospitals to the brink of their capacity limits, several local leaders put in place their own orders mandating that residents wear masks in certain public settings like businesses and schools — in defiance of Abbott’s own emergency order banning such masking rules.

City and county officials balked at Abbott using his emergency powers to block public health measures intended to respond to the emergency. But the court ruled that state law gives Abbott the authority to do just that.

“We hold that, during a declared disaster, the Governor has the lawful authority to prohibit local officials from imposing mask requirements in response to a contagious disease,” Justice Jimmy Blacklock wrote in an opinion handed down Friday morning.

The court’s ruling is largely moot given that state lawmakers banned local governments this year from requiring masks, vaccines or business shutdowns should COVID-19 flare up again. Abbott let his emergency order — thought to be the last statewide emergency order in the entire country — expire in June after legislators passed the new law, which takes effect Sept. 1. The Biden administration also declared the end to the nation’s COVID-19 emergency in April.

The ruling, however, gives Abbott a significant win in the courts amid ongoing tension between Republican leaders in Austin and cities, typically managed by Democrats. And it answers a two-year-old debate: whether Abbott overstepped his authority by banning local leaders from enacting their own mask mandates during a public health emergency.

“The opinion is very clear that the decisions of the governor will prevail over decisions of all local authorities in any disaster,” said Doug Alexander, a lawyer representing Dallas County Judge Clay Jenkins in the case.

[…]

Abbott’s authority under the Texas Disaster Act — which grants the governor as well as the heads of cities and counties emergency powers in case of disasters like hurricanes and pandemics — did not give him the authority to stop locals from putting their own public health measures in place, they argued.

But justices were unswayed by those arguments. In an opinion written by Blacklock, the court ruled the state has the final say in how to manage an emergency response and “the orders of local officials about contagious-disease response must yield to conflicting orders at the state level, including the Governor’s orders during a declared disaster.”

See here and here for some background. This case was the consolidation of multiple lawsuits; you can see the opinions for all of them (also linked in the story) here, along with a concurring opinion in one of the cases. This ruling was ultimately not a surprise, as law professor Steve Vladeck predicted this outcome in that second link above. Among other things, what this means is that if in the year 2029 the next version of COVID is rampaging in the streets and Governor Lina Hidalgo orders a statewide mask mandate – which, to be fair, Abbott did do in the earliest days of COVID-19, before the madness truly set in, and which he could still do if this were to happen in, say, 2025 – then the wingnut counties won’t have any recourse against her. If the word of the Governor is final in an emergency, then that’s true regardless of who the Governor is. Be careful what you ask for, that’s all I’m saying.

Posted in Legal matters | Tagged , , , , , , , , , , , , , , , , , | 1 Comment

Fort Worth data exposure

This one is a little different.

A hacker group has leaked internal data from the City of Fort Worth’s online systems, city officials announced Saturday.

The city was notified around 4 p.m. Friday a group called SiegedSec had downloaded data and posted it online, said Kevin Gunn, Fort Worth’s IT solutions director, in an online press conference. The group first published the information on Telegram, then on Twitter.

This included pictures, spreadsheets, invoices, emails and other internal information from View Works, he said. It’s a system that facilitates maintenance work orders for Fort Worth’s transportation, public works, parks, recreation and property management departments.

But Gunn confirmed no sensitive information from Fort Worth residents, business or employees was leaked.

“The information contained in the amount of information we’ve been able to go through has not been sensitive in nature and is, by and large, information that we would release through a Public Information Act request,” he said.

Fort Worth officials are working with federal and local law enforcement to investigate the incident, Gunn said.

This incident was referenced at the end of the DMN story about Dallas’ cybersecurity upgrades. I hadn’t been aware of it before then. The Record adds some details.

Officials in Fort Worth, Texas, confirmed that a website with government information was breached and accessed by a group of hackers but downplayed the severity of the incident.

On Friday, a hacking group named SiegedSec took to Telegram to claim that it stole about 500,000 files from the government of the city, which has more than 935,000 residents.

The group claimed it stole administrator credentials and made copies of work orders, employee lists, invoices, police reports, emails between employees/contractors, internal documents, camera footage and more — about 180GB of data in total.

The group did so, it said, because of Texas state politics.

“Texas happens to be one of the largest states banning gender affirming care, and for that, we have made Texas our target,” the group said.

“Now you may think, ‘SiegedSec! What if the F.B.I comes after you???’ And to that we say, “GOOD LUCK, WE’RE BEHIND 7 PROXIES!” Enjoy.”

A spokesperson for the city government directed Recorded Future News to a press conference held on Saturday, where the city’s Chief Technology Officer Kevin Gunn confirmed the attack.

Gunn said the city was initially informed of SiegedSec’s posting on Friday afternoon by the Texas Department of Information Resources’ Computer Incident Response Team.

“The city of Fort Worth has confirmed that the posted information did originate from our computer systems. However, that data came from a website that our workers use to manage their maintenance activities and not from the city’s public facing intranet website,” Gunn said.

“It appears the hackers downloaded file attachments to work orders within the system and those attachments include things like photographs, spreadsheets, invoices for work performed, emails between staff, PDF documents and other related materials for work orders.”

A sample of the documents shared by SiegedSec and viewed by Recorded Future News corroborates that assessment.

But despite what was leaked, Gunn claimed that their investigation has not found any “indication that there has been sensitive information related to either residents or businesses or employees that has been released as part of this incident.”

As an example, Gunn said the average document leaked concerned things like potholes or sidewalks that needed repair.

None of the information was “sensitive in nature,” Gunn said, adding that overall most of it is data that “would be released through a Public Information Act request.”

Gunn said the investigation uncovered that the group stole login information but it is unclear how they managed to accomplish that. No other systems were accessed and no sensitive data was accessed or released, Gunn reiterated.

[…]

SiegedSec claimed it hacked the government of Arkansas and Kentucky last year after the state banned abortion following the Supreme Court decision to overturn Roe v. Wade.

But state officials later confirmed that the group simply downloaded publicly available record data.

It sounds like this was probably a credential stuffing attack, thought it could have been more focused than that. There are two main differences between what happened here and what happened in Dallas and other recent attack victims. One is that the attack was not on Fort Worth’s network but on a third party provider for Fort Worth. This is a common tactic – the massive Target breach from a few years ago originated as a compromise of one of Target’s suppliers, which was then leveraged into an attack against Target. As such, the threat that SiegedSec could use this to pivot into something bigger should be taken seriously, which it sounds like Forth Worth has done. I note this mostly to say that this is another thing that government entities need to be aware of, since they do a ton of business with third parties who will have some level of access into their systems. You may have strong security systems, but if your vendors don’t that presents a real risk to you.

The other difference is that in this case the leaked data was not sensitive in nature. That may be happenstance, or it may be that SiegedSec was more interested in making the news than in doing real damage. That’s a little hard to say because it’s a little hard to understand their motives here. I get the reason for their protest, I just think they picked a goofy target for it. It’s not the city of Fort Worth that banned gender affirming care, and the Legislature doesn’t care what happens to Fort Worth. As such, I’m not sure how much of an ongoing threat they are, especially given their recent record. (There may be more to them than this, I haven’t looked any more deeply into it.) It’s still a reminder that local governments are a frequent target and often an easy one, and that they have to think about security beyond their own borders as well. I hope this is all there is to it for Fort Worth, but I also hope they’re thinking a little bigger than just what happened here. And I very much hope that Houston and other cities, as well as other local government entities, are paying attention to all this stuff, too.

Posted in Technology, science, and math, The great state of Texas | Tagged , , , | Comments Off on Fort Worth data exposure

Off to “Mars”

Good luck, y’all.

Nathan Jones wondered if his family could play Uno with an up to 22-minute communications delay — each way.

Ross Brockwell convinced a lifelong friend to manage his miscellaneous affairs, and Kelly Haston stockpiled videos of friends and family.

These three strangers — plus Anca Selariu, a backup crew member who was added to the mission on Tuesday — will spend 378 days pretending to be on Mars. They embarked on that journey Sunday around 7 p.m.

The crew will live in a 1,700-square-foot habitat at NASA’s Johnson Space Center. Its reddish-brown walls look as if they were made from Martian dirt. There’s an additional 1,200-square-foot sandbox for when the crew ventures “outside.”

They will live as if they’re actually on the Red Planet. The crew members will have an exercise regimen to stay healthy. They will have restrictions on how much water they can use for showering. Their food will be shelf stable, and communication with loved ones could be intermittent.

All of this is to help NASA identify and remedy the physical, mental and social challenges that could arise when living on another planet. It’s better to observe how such stressors affect a crew on Earth than when astronauts arrive on Mars for the first time.

“It’s definitely going to be challenging,” Brockwell said, “but that’s why we’re doing this. How we learn to cope with that is some of the most important information they’re going to get out of this study.”

Overall, the crew members were most worried about the isolation from friends and family. They weren’t as worried about the shower restrictions or food.

[…]

The crew’s habitat was 3D-printed by Austin-based Icon. In the future, the company is looking at adapting its cement-based 3D printing for Mars. The building material could be created with Martian soil — and Brockwell finds this particularly fascinating.

Pretty cool. You can see them enter the mission area, called Crew Health and Performance Exploration Analog, or CHAPEA, here. There’s more on the CHAPEA mission here; I very much hope this has a social media presence, I’d love to see regular updates. I’m also old enough to remember Biosphere 2, and I hope this is a lot more successful than that was. Anyway, I wish them all luck and I look forward to hearing about what they learned. CBS News has more.

Posted in Technology, science, and math | Tagged , , , , , , , , , | 1 Comment

Judge orders DPS to release Uvalde public records

Good. Very good.

A state district judge on Thursday ordered the Texas Department of Public Safety to begin the process of releasing public records related to law enforcement’s response to the Uvalde school shooting, granting a request by The Texas Tribune and other news organizations.

Over a dozen news organizations sued DPS last year, accusing it of unlawfully withholding the records related to the May shooting at Robb Elementary School.

The records concern the botched police response, during which officers waited over an hour to confront the shooter who killed 19 children and two teachers. Nearly 400 officers had descended on the school by the time the shooting was over.

The 261st Civil District Court Judge Daniella DeSeta Lyttle granted a motion for summary judgment on behalf of the Tribune, its partner ProPublica and other local, state and national newsrooms. The records will not be immediately available.

“The public deserves a full accounting of what happened that day and we’re glad that the judge has begun that process,” said Reid Pillifant, an associate attorney with Haynes Boone who represents the plaintiffs. “We’re hopeful DPS won’t fight this decision and we’ll begin the process of providing transparency.”

Lyttle ordered DPS to produce by Aug. 31 a proposed log of redactions it wants to make to the public records. In the court order, Lyttle said that the court anticipated having a hearing to address the proposed redactions in September. DPS could choose to appeal the judgement before then. Lyttle ordered both parties to submit proposals for final judgement by July 14.

[…]

According to state law, records are presumed public unless a government body cites a specific exemption under the Texas Public Information Act that allows information to be withheld. DPS claimed that the records can be withheld because they are related to an ongoing investigation. The news organizations argued that there is no such investigation because the shooter’s guilt is not in question and the 18-year-old acted alone.

DPS has refused to release records, even as the agency has selectively disclosed some information through public testimony, third-party analyses and news conferences.

“As officials continue to shield nearly all information related to the Uvalde tragedy, on the basis of an investigation that has already concluded and a purported prosecution that has yet to materialize, we are thrilled by the Court’s ruling that recognizes the public’s right to know what happened that day,” said Laura Lee Prather, a First Amendment lawyer also with Haynes Boone who represents the news organizations, in a statement to the Tribune. “Judge [DeSeta] Lyttle’s ruling brings the Uvalde community and all Texas citizens one step closer to gaining a complete understanding of what happened that day and moving toward closure.”

The other plaintiffs include The New York Times Company, The Washington Post, NBC News, CNN, ABC News, CBS News, Scripps Media and Gannett.

See here and here for the most recent updates; there are more links to follow in that latter post. I am also thrilled and I hope that DPS cooperates at this point and does not appeal. I’m not holding my breath for that outcome, however. For now, let’s celebrate the win.

Posted in Legal matters | Tagged , , , , , , , | Comments Off on Judge orders DPS to release Uvalde public records

The politics of the Board of Managers

Presenting this mostly without comment.

A Houston Landing review of the newly appointed board’s political contributions, public statements and work history suggests the nine members likely will govern from the political center, avoiding education culture wars galvanizing the right and forgoing the preferred policies of union-aligned progressives on the left.

In doing so, they would mirror the blueprint set in recent years by Morath, who has largely forsaken political red meat while aggressively working to reshape how Texas public school districts operate.

[…]

Many of HISD’s new board members are relatively new to education and politics, making it difficult to definitively discern their philosophies. HISD officials didn’t respond to requests to interview board members for this article.

But public data and background information sheds some light on their potential middle-of-the-road leanings.

Campaign finance records show four board members — Michelle Arnold Cruz, Janette Garza Lindner, Audrey Momanaee and Angela Lemond Flowers — have donated exclusively to Democratic candidates and political action committees on the federal and state level in the past five election cycles. Their contributions totaled $5,150.

The board’s biggest political benefactor during that time, real estate executive Ric Campo, has given the vast majority of his roughly $718,000 in contributions to Republicans, including $75,000 to Abbott’s campaign. He has also supported more moderate Democrats in recent years, most notably dedicating $32,000 to U.S. Rep. Lizzie Fletcher, D-Houston, since 2019.

Another board member, entrepreneur Paula Mendoza, earmarked most of her nearly $15,000 in contributions for Democrats in recent election cycles — though she gave $3,500 to Abbott’s campaign in the late 2010s.

The Landing did not find records of the three remaining board members — Cassandra Auzenne Bandy, Rolando Martinez and Adam Rivon — making federal or state political contributions in recent years.

On the education front, three board members’ employment histories and public statements reflect approaches to education that align more closely with Morath than teacher unions.

When Garza Lindner ran for HISD trustee in 2021, a race she lost by 48 votes to union-backed incumbent Elizabeth Santos, her platform included placing HISD’s “most effective” teachers in struggling schools, a priority Miles immediately announced upon his appointment.

Garza Lindner also cited state standardized testing data as a window into student and teacher performance. Union leaders have consistently argued that standardized testing data is more indicative of a child’s socioeconomic status than academic performance.

Lemond Flowers, meanwhile, worked in recent years at Teach for America, an organization that places college graduates from non-education backgrounds in schools predominantly serving students from lower-income families. Some union advocates argue that Teach for America is too cozy with charter school operators and too often backs more-conservative education policies.

Cruz Arnold works as vice president of government relations and advocacy for the College Board, a nonprofit that develops SAT and Advanced Placement exams. She previously held similar roles with the TEA and Greater Houston Partnership.

The newly appointed board is notably devoid of staunchly union-aligned members, a stark contrast from recent HISD boards. As recently as 2018, union-endorsed candidates held eight out of the nine HISD board seats. That number had dropped to four prior to the board’s ouster.

I appreciate Houston Landing for doing this research. I wasn’t that scared of the Board being stacked with Greg Abbott minions, but it was hardly out of the question, and as such (and as I have said before), we could have done much worse. None of this resolves any of the persistent questions about the legitimacy of the takeover or the disenfranchisement of the HISD community.

Posted in School days | Tagged , , , , , , , , , , , , , , , , , , , , , | Comments Off on The politics of the Board of Managers

Rob Manfred’s regrets

He has one in particular that is of interest.

Did not age well

In an extensive interview with TIME that was published Wednesday, the baseball commissioner talked about a lot of his successes in the sport, including the recent rules changes that has made for quicker games, but he also spoke of his biggest regrets.

“Some of the decisions surrounding the Houston situation, would like to have those back,” Manfred said in the Q&A with the magazine. “I mean, if I could take back the rather flip comment I made about the World Series trophy at one time, I’d take that one back. There have been times, particularly in times of pressure, when I look back, taking a little more time might have led to a different outcome.”

The flip comment was one he made in February 2020 shortly after MLB’s investigation into the Astros was released and there was some outrage about him not stripping the team of their 2017 title.

“The idea of an asterisk or asking for a piece of metal back seems like a futile act,” Manfred said at the time, referring to the Commissioner’s Trophy.

Regretting referring to his sports prized trophy as “a piece of metal” is not a new admission for the commissioner. He told ESPN’s Don Van Natta Jr., the same thing in an interview last summer, but in his sit-down with TIME, Manfred went deeper on his Astros’ regrets.

“I’m not sure that I would have approached it with giving players immunity,” Manfred said. “Once we gave players immunity, it puts you in a box as to what exactly you were going to do in terms of punishment. I might have gone about the investigative process without that grant of immunity and see where it takes us. Starting with, I’m not going to punish anybody, maybe not my best decision ever.”

To get Astros players to to cooperate with the league’s investigation, Manfred gave them immunity from punishment so they could speak freely. When the investigation concluded the Astros illegally used a live camera to detect signs from the opposing team’s catcher, then communicated those signals to their batters in real-time by banging on a trash can, baseball hit the franchise with a $5 million fine, stripped two years’ worth of first- and second-round draft picks and dealt one-year suspensions to general manager Jeff Luhnow and manager A.J. Hinch. Both men later were fired by the team.

After that punishment, Manfred said in a 2020 press conference that “in a perfect world,” he wouldn’t have given the players immunity.

“If I was in a world where I could have found all the facts without granting immunity, I would have done that,” Manfred said at the time.

See here if you want to relive the past. As the story notes, had Manfred attempted to punish individual players for their role in the sign stealing scandal, he would have run into fierce resistance from the MLB Players Association, as the Commissioner’s office did not have the power to do that. It surely would have gone to court and would have extended the life of that scandal well past the point at which it had begun to die down. The irony of this is that the people who have been most vocal about the lack of punishment for the participating players have been other MLB players themselves. Which is easy enough to understand – they felt like those Astros players had gotten away with it, which they though wasn’t fair. I understand why Manfred did what he did, and while one can certainly argue with the penalties he did hand out, I think he more or less did what he could have done. But I very much understand the players’ gripe as well, which was echoed by many fans. It was just a bad situation all around. One hopes it will not be repeated any time soon.

Posted in Baseball | Tagged , , , , , , | 1 Comment

There’s still more Paxton stuff to investigate

He’s the grift that keeps on giving.

A crook any way you look

The Texas House investigation into impeached Attorney General Ken Paxton has reportedly widened to include a series of property purchases he made as he faced a federal probe over allegations that he abused his office.

The Wall Street Journal reported Thursday that Paxton, his wife and a family trust doled out nearly $3.5 million on six properties from July 2021 to April 2022 in Oklahoma, Florida, Utah and Hawaii. The timing and amount of money drew the attention of House investigators, according to the newspaper.

In late September 2020, several of Paxton’s top aides reported to the FBI that they believed he was misusing his office to help a wealthy campaign donor, Austin real estate investor Nate Paul. Those allegations are tied to most of the 20 articles of impeachment that the House approved last month.

Paxton’s lead lawyer, Tony Buzbee, told the Journal that Paxton was using “long-term savings from a brokerage account” to invest in real estate at a time when interest rates were low. “There is nothing more to it than that,” Buzbee said.

[…]

The Journal report shines light on a dozen subpoenas that the House General Investigating Committee issued on the second-to-last day of the regular legislative session. One of the subpoena targets was the Esther Blind Trust, which Ken Paxton and his wife, state Sen. Angela Paxton, R-McKinney, are beneficiaries of, according to his 2021 personal financial disclosure. Another subpoena was issued for Charles Loper, the trustee.

The financial disclosure also said the trust was created in 2015 and that it has a fair market value of “at least $46,580 or more.”

Ken Paxton reported in the disclosure that he and his wife owned four properties in 2021 — two in Austin, one in McKinney and one in College Station. The disclosure did not show any properties outside of Texas.

Ken Paxton’s personal financial disclosure for 2022 is due Friday.

Local property-tax records confirm at least some of the purchases cited in the Journal’s reporting. Records in Maui County, Hawaii, show the trust owns a parcel of land there worth almost $600,000, while records in Marion County, Florida, show the trust owns a home there worth more than $200,000.

See here for some background. The Chron adds some details.

The probe could mark the latest trouble for Paxton, who was impeached by House members on nearly two dozen allegations that he made false statements, took bribes and abused his office. Rules for his Senate trial allow impeachment managers to bring additional charges up to 30 days before the trial, which is set to begin Sept. 5.

But Paxton’s attorney, Tony Buzbee, on Thursday dismissed the notion that there was anything questionable about the property purchases, which Buzbee said were made with long-term savings of Paxton’s and made at a time of low interest rates. Buzbee accused House impeachment managers of leaking information to the media to bolster a “flimsy” case.

“A guy uses money he saved for many years to purchase and finance investment properties before interest rates spiked? Other than that, I’m not sure where the story is,” Buzbee said. “If they had such a lock solid and strong case as they claim, why would they be out beating the bushes trying to come up with other (expletive) charges, and then leaking it to the press? I think we all see this for what it really is. Weak.”

[…]

According to the Journal, the purchases include:

  • A $1.6 million, five-bedroom lodge in a resort area of eastern Oklahoma, which Paxton bought by putting 20 percent down and taking out a $1.28 million mortgage. It is now listed as a short-term rental on several websites.
  • A $410,000 piece of land in a Maui resort town bought with cash by the Esther Blind Trust, a family trust set up in 2015.
  • A $315,000 tract in Eden, Utah, near several ski resorts, also purchased by the trust.
  • Two houses north of Orlando, Fla., that Paxton purchased and transferred to the Esther Blind Trust.

As attorney general, Paxton made $153,750 a year. Angela Paxton is a longtime high school teacher and makes $7,200 a year in her role as state senator.

Tony Buzbee may be right, but with a guy as clearly crooked as Ken Paxton, you have to follow the money. You never know where it may lead you. And let me say again, Angela Paxton is up for election next year, in a red-but-not-that-red district, with the possibility that maybe some of this is real financial misdealing and maybe she at least knew about it, and by the way she favors letting pregnant women die rather than be allowed to get abortions, which is an unpopular stance even here in Texas. So, you know, let’s make sure to find someone who will run really hard against her.

Posted in Scandalized!, That's our Lege | Tagged , , , , , , , , , , , , | 2 Comments

Dallas improves its cybersecurity

Good to see.

The Dallas City Council approved a nearly $4 million deal Wednesday to get a new system that alerts the city’s information technology department of possible cyber attacks. The approval comes as the city is nearly two months into its recovery from a ransomware attack.

The City Council, without discussion, approved allowing Houston-based technology service provider Netsync Network Solutions to help the city get a threat and anomaly detection system for the Information and Technology Services Department for three years. City documents refer to the purchase as a system upgrade that will include security monitoring 24 hours a day, 7 days a week.

“This equipment and associated services will be crucial to protecting the city’s network from cyber threats and hacks by alerting the Department of Information and Technology Services’ Security Operations Center to threats and abnormalities on the city network,” said city documents describing the council agenda item. “This solution will aid in protecting the city’s network and systems against internal and external cyber threats to the organization including potential ransomware.”

Shawn Sutton, an strategic account manager with Netsync, said the city would be getting cybersecurity platform MixMode. He described it as a security and information event manager that “in basic terms, gives you a bird’s-eye view of your network looking for issues before they cause business interruptions.”

A week before the May 3 ransomware attack, the City Council also approved a three-year, more than $873,000 contract with Netsync for the group to help the city get a threat detection option for devices such as city servers and employees’ desktops and laptop computers.

[…]

Later Wednesday, [city Communications Director Catherine] Cuellar told The Dallas Morning News the new system was part of the city expanding its existing cybersecurity services since the attack.

“In addition, we have taken additional steps to further enhance our security posture, including implementing additional cybersecurity software, deploying a system-wide reset of all user accounts, expediting the implementation of additional controls and completely rebuilding impacted systems in a new, secure environment,” she said.

See here for the previous update. Ideally, the city of Dallas and other government entities would have had this kind of system in place before falling victim to a major attack, from which it has still not fully recovered. But you saw the price tag, this doesn’t come cheap and it’s not a one time expense. It’s why I keep saying that there needs to be another massive federal money-drop to local and state governments for this purpose. There’s plenty of bad guys out there, and the keys to their success are a lot of low-hanging fruit and the ability to remain inside their targets long after the initial infiltration. I commend you all to listen to the BBC’s The Lazarus Heist podcast, about North Korea’s wildly successful and financially lucrative hacking operations. The best thing we can do is make it harder for those guys to do what they do.

Posted in Technology, science, and math, The great state of Texas | Tagged , , | 1 Comment

Dispatches from Dallas, June 30 edition

This is a weekly feature produced by my friend Ginger. Let us know what you think.

This week, in news from the Metroplex: updates on the Dallas cyberattacks and two other hacks with DFW connections you may not have heard about; Dallas is not exactly defunding DPD; the Fort Worth Mayor’s new job; censorship and transphobia in the schools; baseball and cricket; the last Black-Eyed Pea; and how to move and install a 4 1/2 ton historical artifact in your museum.

The last major public-facing computer system in Dallas is now operating again after almost seven weeks offline. The Dallas Public Library’s physical book database reopened last Friday and the library started encouraging patrons to return their books over the weekend. This encouragement was reinforced by automated daily emails of an increasingly threatening nature, including billing patrons for books that had been overdue since the library went offline.

We returned all our books after close of business Saturday and when our local branch reopened, it took them a couple of days to start to catch up. I spoke to one of our librarians, who said that if there were still books missing by next Wednesday (our library is closed Sunday/Monday and will be closed Tuesday for the holiday), it would be time to speak to a librarian. Because of the number of books being reentered into the system, the librarians expected some of them to go missing. By Thursday afternoon, the seven or eight books I had returned had been scanned in and my account was unblocked with no fees owed. I’m very pleased with my local branch.

Meanwhile, the city of Dallas is about to spend $4 million on a cyberattack detection system (DMN; Local NPR coverage). The city was already working with the vendor to upgrade security before the attack, but it clearly wasn’t enough. In addition, the city is now considering “up to $25 million in IT improvements” in next year’s billion-dollar bond package. That number is provisional and may increase between now and next May, when we’ll vote on the bonds.

Dallas isn’t alone in dealing with information security attacks. One of Fort Worth’s city websites was hacked last week. This was a much smaller problem than the Dallas attack; it was limited to the facilities maintenance system; and it wasn’t a ransomware attack. Based on their communication with the city, the hackers are in it for the lulz and as a protest against Texas’ transphobic laws.

Also, back in April, an Austin recruiting firm that worked with pilot applicants for Southwest and American was hacked. The airlines were told about the hack in early May but more than 8000 applicants were only notified this week, to the displeasure of the union. The hackers obtained sensitive data like SSNs, drivers’ and pilots’ license numbers, and passport numbers. Southwest and American moved their recruitment in-house and are offering the applicants two years of identity theft protection.

A second ongoing story here in Dallas is DPD’s efforts to try to do more with less. The city has been trying to free up officers to handle high priority calls since last summer. The DMN has a piece on changes in parking enforcement; parking calls are now under the auspices of the city’s transportation department. DPD is definitely saving staff hours and money, but all the calls still have to be dealt with.

As part of the same initiative, starting next week Dallas residents will have to report minor offenses online or at a substation kiosk instead of calling 911. DPD will no longer show up for low-priority calls including “minor accidents with no injuries when the vehicles are operable, motor vehicle burglaries, credit or debit card abuse, harassing calls or texts unrelated to family violence, identity theft, reckless damage, graffiti, burglary of a coin machine, lost property, theft and shoplifting under $2,500.” Most of these offenses don’t need a 911 call, but not having officers show up at all for some of these offenses may be cutting too close to the bone.

Chief Garcia is also partnering with ATF and the US Attorney’s office on “focused deterrence”. The initiative will provide resources for at-risk offenders, but if they commit new violent crimes, the US Attorney will prosecute their crimes at the federal level, where penalties are harsher and parole isn’t an issue. The article glosses over it, but I’m interested in how the at-risk offenders are identified. What the chief describes as “an impartial data analysis” may not be so impartial.

Although all of these efforts are designed to reduce the need for DPD officers and focus their efforts on serious, violent crime, nobody is calling shifting parking enforcement to the transportation department, limiting the offenses that officers respond in person to, and working with other agencies and developing community resources to prevent at-risk offenders from reoffending “defunding the police”. Nobody tell Greg Abbott what we’re doing or we’ll be in trouble.

In other news:

  • Speaking of that 2024 bond issue mentioned above, here’s a story about a community coalition pushing for affordable housing as a priority. That $25 million for IT improvements is coming out of some other part of the original bond budget and affordable housing was a loser in the latest draft. The Dallas Observer has more on the coalition and its goals.
  • Did you know that the Mayor of Fort Worth has a second job? Read about how Mayor Mattie Parker’s job as part-time Chief of Staff for Cook Children’s Medical Center poses some ethical questions.
  • More on the death of Eugene Gates, Jr., the Dallas postal worker who died on the job: as mentioned in this article, the Lakewood post office where he worked is sending carriers out earlier in the cool of the morning, at least partially due to outside pressure. Meanwhile, with temperatures skyrocketing, the Dallas Observer draws a line between Gates’ death and the new state law that bans mandatory water breaks here in Dallas, among other city ordinances it nullifies. You know a law is mean when the DMN comes down on it for cruelty.
  • Suburban school district update: Mansfield ISD has a new book removal policy that’s less bad than the one originally proposed. Mansfield has new board members since the May elections, some of whom were funded by Patriot Mobile. Meanwhile, further north in Keller ISD, where Patriot Mobile funded most of the board, that board passed transphobic policies around bathrooms and pronouns. Unsurprisingly the ACLU objects.
  • Related, here’s Franklin Strong on the Stop Sexualizing Texas Kids campaign. I didn’t know, but am not surprised, that the Republican Party policy is aimed at keeping bookstores from selling “filthy books” and not just to kids.
  • Also related, in a disappointing move, the Texas Boys Choir and Singing Girls of Texas, which are affiliated with a public charter school in Fort Worth, now require an unaltered birth certificate matching the gender of the choir from each applicant before an audition.
  • Here’s a backgrounder on the rules around sealing court cases in Texas filtered through the lens of the case of the area psychiatrist whose misconduct case set the precedent for the current rule. This is a short piece and very much worth your time if you’re interested in Texas judicial procedure. (Also, it’s our Six Degrees of Clarence Thomas piece for this week.)
  • The pastor of the church where DA Henry Wade used to worship has thoughts on the anniversary of the decision that overturned Roe vs. Wade.
  • Here’s a superficial AP explainer on why the Texas Rangers are the only MLB team without a Pride night. It seems to boil down to “Texas is Republican” and the answer to the question of why Houston is different is a bit of a shrug. The article mentions that when the Rangers had queer groups come to the park for a fundraising game in 2003, there were protests. While I guess I can imagine that happening in Houston, the Astros wouldn’t, or didn’t, eliminate Pride-themed promotions over it. Reading between the lines, the locals and/or owners are more bigoted and there’s less pushback against homophobia in the metroplex. Not surprising, but still disappointing.
  • This Axios newsletter has an update on the cricket matches coming to Grand Prairie, including a ticket link. I wish I knew enough about cricket to make it worthwhile to attend a match or that one of my British or Aussie friends was here to instruct me on the niceties. On the other hand, I don’t want to spend cricket match kinds of time outside in the Texas summer, and honestly worry about the cricket players.
  • The last Black-Eyed Pea in Texas is in Arlington. I thought Black-Eyed Pea, like Luby’s, was all gone.
  • How the Kimbell Art Museum moved a 9,000 pound piece of ancient art. This is a fluff piece on the Kimbell’s Maya exhibit but it’s interesting reading about how these historic artifacts are treated and watching the time-lapse video of the installation.
Posted in Blog stuff | Tagged , , , | Comments Off on Dispatches from Dallas, June 30 edition

Talarico Time

I have mixed feelings about this.

Rep. James Talarico

The representative and aspiring preacher hadn’t planned to deliver a sermon when he went to work at the state capitol that morning.

Sitting in a drab committee room last month, Texas Rep. James Talarico, among the youngest members of the statehouse now at 34, was slowly getting fed up as he sat through a hearing for a bill that would mandate putting the Ten Commandments in every public school classroom in the state. A week prior, he’d sat through a committee hearing on a bill that would allow chaplains to replace guidance counselors. He was already dreading another floor debate scheduled for later in the day for a bill denying gender-affirming health care. So by the time the Ten Commandments came up that morning, Talarico had had it.

He looked squarely at the bill’s sponsor, state Rep. Candy Noble, whom he acknowledged as a fellow “devout Christian,” before letting loose a two-minute and nine-second exchange that would go viral on TikTok and Twitter, racking up more than 1 million views on Twitter alone.

“This bill to me is not only unconstitutional, it’s not only un-American, I think it is also deeply un-Christian,” he told her, as she stood motionless. “And I say that because I believe this bill is idolatrous. I believe it is exclusionary. And I believe that it is arrogant, and those three things, in my reading of the Gospel, are diametrically opposed to the teachings of Jesus.” He cited Matthew 6:5, in which Jesus urges his disciples to not pray publicly like the hypocrites.

Six days later, he went viral again for calling out Texas lawmakers after a mass shooting in Allen, Texas, that left eight dead. “There is something profoundly cynical about asking God to solve a problem that we’re not willing to solve ourselves,” he said on the house floor.

David Axelrod, the veteran Democratic strategist, praised Talarico on Twitter. “WATCH THIS:” California Gov. Gavin Newsom tweeted. “Preach,” former Education Secretary Arne Duncan cheered. After both videos went viral, he received 12,000 calls and emails in a week’s time, a volume that would typically be closer to 300.

“The thing that warms my heart the most,” he told me, “is people who say, ‘I’m an atheist, agnostic, or I left the church or I left religion. But this is the kind of Christianity I can believe in.’”

[…]

Talarico had served as the executive director of student government at the University of Texas and then got his master’s in education policy from Harvard but came home to Texas soon after. He taught middle school on the west side of San Antonio — he had family there, and it was the closest place he could find a teaching gig. He eventually moved back to Austin as an educational consultant. In the 2018 midterms, at just 29, he flipped his suburban Austin, Trump-leaning district blue, winning it by 2 points, one of only a handful of Texas Democrats to do so that year.

[…]

What’s the frenetic pace of legislation all add up to? “I am looking forward to running statewide,” Talarico said. In another conversation, he told me that “Ted Cruz would be fun to debate.” Talarico and his advisers have discussed possibly challenging Cruz next year or Gov. Greg Abbott in 2026. But those close to him say he’s leaning toward a bid against the governor, especially now that Rep. Colin Allred has entered the race against Cruz. Talarico is expected to launch a statewide political action committee, Big and Bright PAC, later this year.

First, just to get this off my chest, Talarico was one of 12 Democrats to flip State House seats in 2018, along with two Congressional candidates, two State Senate candidates, a multitude of Appellate Court candidates, and of course a bunch of county-level candidates in Harris, Fort Bend, Williamson, and elsewhere. I have no idea where that “one of only a handful of Texas Democrats to do so that year” crap came from, but Jesus H. Ross Perot Christ. This is why stories about Texas politics written by people who don’t know anything about Texas make me grind my teeth.

Second, the story mentions that Talarico was one of the 51 quorum-busters in 2021, who fled to Washington to prevent the Legislature from passing its omnibus voter suppression bill and tried to persuade Congressional and Senate Dems to pass an updated Voting Rights Act. It does not mention that Talarico was also one of the Dems who came back ahead of the others, thus helping to re-establish a quorum so that bill could eventually get passed. That led to some hard feelings that may or may not have abated by now. Talarico’s been a good State Rep – I do like the guy – and I’m sure he’s worked to smooth those feelings over, but you have to mention the rest of the story here. Hell, talk to someone whose feathers had been ruffled in the first place and see how they feel about him now. I guarantee you, plenty of folks will give anonymous quotes if you let them.

Again, I’m not trying to knock Talarico here. I’m glad to see him get some attention like this, and I’m glad to see him thinking in terms of running statewide. But let’s face it, the streets are littered with attractive and charismatic Democratic up-and-comers who got national profiles and praise from the likes of David Axelrod. I firmly believe things will change and I will do my part for it. It’s just that glowing profiles haven’t done much for us so far. Maybe this is the political equivalent of the Sports Illustrated Cover Jinx, I don’t know. I just know that I’m conditioned to cringe a little when I see this stuff now.

Finally, I note that Talarico’s statewide ambitions have been noted before, all focusing on Senate 2024, with a bit of skepticism on my part. As we have now heard the words from the man’s mouth, we can now move this from the realm of pure speculation to confirmed interest. I think he’s right to look ahead to 2026 – as far as I know, he’s the first Dem out there talking about running for Governor – and he’s right to start raising money for it now. I may – lovingly – mock these national profile pieces, but they do serve the purpose of giving a new PAC a kick start, and as a State Rep you really need that to level up. I’ll look forward to his future finance reports.

Posted in That's our Lege | Tagged , , , , , , , , , , , , | 1 Comment

Anti-gay Waco JP’s lawsuit to be considered by SCOTx

The end of the line one way or the other.

The Texas Supreme Court will review a case involving a Waco justice of the peace’s refusal to perform same-sex weddings.

McLennan County Justice of the Peace Dianne Hensley sued the Texas State Commission on Judicial Conduct after it issued a public warning against her in 2019 for refusing to perform weddings for same-sex couples, citing her religious views, while continuing to perform weddings for opposite-sex couples. Hensley requested April 10 that the Texas Supreme Court consider the matter after a district court in Travis County dismissed her lawsuit and an appeals court upheld the dismissal.

The Texas Supreme Court agreed Friday to grant the request for judicial review from Hensley. She has been the Precinct 1, Place 1 JP since 2014, and was unopposed last year in her most recent reelection bid.

In addition to Hensley’s attorney in Travis County, Jonathan Mitchell, three attorneys from the Plano-based First Liberty Institute joined the lawsuit, including deputy general counsel Justin Butterfield.

“Judge Hensley always followed the law,” Butterfield said in a statement Monday. “She sought to follow her religious beliefs and accommodate everyone, yet the government chose to punish her. We look forward to the Texas Supreme Court correcting this injustice.”

The State Commission on Judicial Conduct hears complaints against judges. It can take wide-ranging actions based on the severity of the complaints, including suspending a judge from office, requiring additional legal education or issuing private or public sanctions.

The commission is represented by a number of lawyers including Douglas Lang of Thompson Coburn LLP in Dallas.

“The Commission looks forward to the opportunity to present to the Supreme Court of Texas a discussion about the importance of the Commission’s work with Texas judges to assure all judges present themselves to the public according to the rule of law, independent of outside influences, including religion, and without regard to whether a law is popular or unpopular,” Lang said in a statement Monday.

[…]

After a 2015 U.S. Supreme Court decision established the constitutional right to same-sex marriage, Hensley initially stopped performing marriages altogether. She then resumed offering to perform weddings, generally at the courthouse and during business hours, but would turn away same-sex couples based on her views as a “Bible-believing” Christian, she told the Tribune-Herald in 2017. She said her office sometimes referred same-sex couples to others in the area who would marry them.

“Beginning on about Aug. 1, 2016, Judge Hensley and her court staff began giving all same-sex couples wishing to be married by Judge Hensley a document which stated, ‘I’m sorry, but Judge Hensley has a sincerely held religious belief as a Christian, and will not be able to perform any same-sex weddings,’” according to the warning the judicial conduct commission issued in 2019.

The commission’s order says the warning was based on Hensley “casting doubt on her capacity to act impartially to persons appearing before her as a judge due to the person’s sexual orientation.”

See here for the previous post. I’m done explaining this one, if you don’t get why she’s acting in a discriminatory fashion there’s not much I can say to you now. I hope the Supreme Court does the right thing.

Posted in Legal matters | Tagged , , , , , , , , , , , , | 7 Comments

How hot is it?

Too damn hot.

Record-setting heat in Texas has sent hundreds of people to emergency rooms in recent weeks, according to state health officials.

Temperature records fell across Texas during the last two weeks, putting June 2023 on pace to be the hottest June ever in some parts of the state. From the border city of Del Rio to the capital city, Austin, temperatures hit triple digits for days straight.

Emergency medical providers are responding to heat-related illnesses as extreme temperatures become more frequent and prolonged. On June 20, at least 350 people visited emergency departments across Texas because of heat illnesses, according to state health officials. That was the highest number of ER visits for heat-related illnesses on any single day in 2022 or 2023 so far. Not all hospitals and clinics are included in the state data, so the total is likely an undercount.

Emergency Medical Services (EMS) in Texas cities also reported high numbers of calls for heat-related illnesses this month. Houston EMS fielded 416 calls related to heat illnesses in the first 23 days of June. Even Texans accustomed to hot weather have been taken aback by the dangerous conditions.

“We are on pace to beat our numbers from last June,” said Austin-Travis County EMS paramedic and spokesperson Christa Stedman. “And that was the hottest June on record.”

[…]

The heat wave has posed a health risk to millions of Texans, especially those who work outside or are homeless. While final autopsies are still pending, several deaths have already been linked to the extreme heat. A utility lineman died June 19 in East Texas after he had been treated for a heat-related illness. A Dallas postal worker died June 20. The next day, a 17-year-old died after collapsing at a state park outside Amarillo. A 14-year-old male hiker died June 23 in Big Bend National Park, where temperatures topped 119 degrees, and his stepfather died when he crashed his vehicle seeking help.

Emergency responders have also found several deceased individuals in the desert along the U.S./Mexico border in recent days. Since June 22, five bodies have been recovered in Sunland Park, New Mexico, just over the border from Texas and a common crossing point for migrants in the El Paso/Juárez area. The causes of death and individuals’ identities have not been disclosed.

Climate change made the extreme heat wave more likely to occur, according to the Climate Shift Index, a tool developed by the science non-profit Climate Central to estimate how much more likely a specific weather event is because of climate change.

Sure is a good thing the Lege passed a law that forbids cities from mandating water breaks for outdoor workers in hot environments. Texas cities are often on national top-ten lists for various things, but this is one we could have done without. We’re breaking electricity usage records, but thankfully solar power is saving the day and keeping the grid from collapsing.

That’s it, I don’t have a point to make. Try not to melt out there, y’all.

Posted in The great state of Texas | Tagged , , , , , | Comments Off on How hot is it?

Texas blog roundup for the week of June 26

The Texas Progressive Alliance hopes everyone had as good a Pride month as was possible as it brings you this week’s roundup.

Continue reading

Posted in Blog stuff | Tagged , | Comments Off on Texas blog roundup for the week of June 26

City to sue over mandatory arbitration law

Add it to what is likely to be a substantive list.

Houston city attorneys said Monday they plan to challenge the constitutionality of a new Texas law that gives Houston firefighters mandatory arbitration in their long-running contract stalemate.

Lowell Denton, an attorney for the city, told District Judge Lauren Reeder in a preliminary hearing that the city plans to mount the challenge, a prospect that could delay a result to the years-long court battle between the Turner administration and the Houston Professional Fire Fighters Association.

The two sides have been mired in political and court battles since 2017, when the union’s most recent contract expired. They were unable to agree on a new one, and the union sued the city alleging it was breaking the state law that governs how cities pay police officers and firefighters.

The city challenged a key tenet of that law as well, contributing to years of lengthy appeals. The Supreme Court of Texas rejected the city’s argument in March, while at the same time striking down Prop B, a charter amendment that Houston voters passed in 2018 to give firefighters pay parity with police of equal rank and seniority.

See here for some background. I didn’t follow the bill in question, which was authored by one John Whitmire – you can guess what might happen to this litigation if the Mayoral race goes a particular way – nor do I have any thoughts about its likelihood of surviving in court. I just thought this would be an opportune moment to list the now-signed bills that will surely be challenged in a couple of months.

1. The two laws targeting Harris County elections.
2. The law banning gender-affirming care; similar laws in other states have been blocked or struck down.
3. The law that will require rating library books for content; there’s already litigation over library book bans, which is a separate thing.
4. The anti-drag show law; a similar law in Tennessee was ruled unconstitutional.
5. The Death Star anti-local control law, which is already generating great headlines. I hadn’t seen any news stories about litigation against this one before this week and then Houston Landing wrote about it on Monday and included a bit about the potential for litigation. The San Antonio Report had an article on the same topic the next day.
6. The school chaplain law, which on Monday drew a litigation threat from the ACLU of Texas.

There’s probably more but those are my top six. Note that actual litigation won’t be filed until at least September, which is when these new laws kick in. Lots of lawyers are going to be very busy very soon.

Posted in Legal matters, Local politics, That's our Lege | Tagged , , , , , , , , , , , , , , , , , , , , | 18 Comments

The Chron asks the “will what Mike Miles is doing actually work” question

Join the club.

Superintendent Mike Miles has swept into Houston in recent weeks with confident claims that his strategies to overhaul the largest school system in Texas can quickly spur positive results at long-struggling schools.

That’s mostly because his agenda mirrors tried-and-tested reforms he introduced roughly a decade ago as superintendent in Dallas ISD, including a new principal and teacher evaluation system linked to compensation and targeted efforts to quickly boost academics at low-performing schools by luring talented teachers with big bonuses.

While the controversial reforms sparked some academic gains in Dallas, they offer insight into the possibilities and limitations of the new state-appointed superintendent’s plans designed to spark immediate change this summer and in the coming school year. While some experts expect them to yield results, others fear they are expensive, complicated and divisive.

Miles intends to reshape nearly 30 schools under a plan called the New Education System, which mostly targets three historically under-performing high schools in northeast Houston – Kashmere, Wheatley and North Forest – as well as the elementary and middle schools feeding into them.

Teachers and administrators at those schools are required to re-apply for their jobs, and those hired to work in the schools will get higher-than-average starting salaries and up to $10,000 bonuses. Teachers will get a standardized pre-planned curriculum and more time to focus on instruction as assistants help them make copies and grade papers.

The New Education System harkens back to a model that Miles introduced in Dallas ISD called Accelerating Campus Excellence, or ACE, through which the district incentivized educators to teach at low-performing schools with bonuses, added instructional time into the day and enhanced professional development. Much of the workforce at those schools was replaced in the first year through a re-hiring process similar to the one underway in Houston.

The teacher turnover rate increased from 17.8 percent to 21.6 percent under Miles tenure in Dallas, according to state data. It hovered around 19 percent for a few years after his departure before returning in the 2021-2022 school year to 17.8 percent, roughly the state average. Meanwhile, data shows that the HISD teacher turnover rate that year was 22.4 percent, the highest it has been in at least a decade.

Despite big disruption and a jump in teacher turnover, researchers who studied the impact of the ACE program found that it resulted in “immediate and sustained increases in student achievement,” according to a working paper published in March in the National Bureau of Economic Research.

Across the Dallas district, the portion of low-income students and English language learners meeting standards on the STAAR test surged 18 percent and 19 percent, respectively, from 2012 to 2019, according to an analysis of state data conducted by The Commit Partnership, an organization that worked with Miles in Dallas. Much of the increase happened in the later years after Miles departed from the district, though his policies to some degree remained in place. The academic gains significantly exceeded those seen at HISD and at the state level, according to the data.

Most recently, Dallas and Houston ISDs earned nearly identical scores on the Texas accountability rating system, although Houston did better on the “closing-the-gaps” metric.

Several years after the ACE program was implemented, Dallas ISD removed the incentive stipends for educators at most ACE schools as achievement surged, according to the study. Schools that had seen dramatic improvements watched test scores plummet again as high-quality educators took other jobs, triggering widespread concern about the long-term sustainability of the expensive program.

At the same time, the backsliding provides more evidence of the program’s effectiveness when implemented as intended, said Eric Hanushek, a researcher at the Stanford University Hoover Institute who co-authored the study. While ACE has not been widely replicated due to resistance inside traditional school systems, Hanushek said he thinks HISD could experience academic gains similar to those measured in Dallas.

“My prediction is that Houston is on the verge of making substantial improvements in schools,” he said.

See here for some background; Houston Landing talked about the successes of ACE without going into the longer-term issues. Obviously, it would be great if we get a huge bump in student outcomes as a result of this. It would be great for the students and it ought to mean as quick a return of the district to us as possible. But there are big questions that need to be addressed along the way.

1. Is this sustainable? As noted in this story and before, this is an expensive approach. As someone who believes we should be spending more on public education I’m fine with that conceptually, but we still have to have the funds to do it. We have this year’s budget in place, and Miles did some obvious things to make room for the start of his plan. It’s when you get past that and things ramp up that are far from clear. We need to know what the longer-term plan is, and we need to know it ASAP. I mean, Miles is supposed to be a short-term superintendent. He’s there to solve a short-term problem, but we have to live with it beyond his tenure. We need to know that he’s not just a CEO looking to goose the next quarterly results.

2. Along those same lines, better communication about the big picture is needed. The Chron had a story last week about the first 29 campuses in Mile’s NES plan, and the inclusion of some already-high-performing schools led them to wonder if Miles is taking his eye off the ball. This seems like an entirely avoidable situation to me. Perhaps the forthcoming family events will help clarify, but if so why did we have to wait? Be clear up front.

3. Finally, let’s not lose sight of the bigger picture here. Ultimately, HISD and everyone involved with it is people. The numbers will determine when HISD gets released back to the people, but in the short term and definitely in the long term, everything that is being done needs to have some level of acceptance from the people to really have a chance to succeed. Plus, you know, everything that is being done here will have a direct effect on thousands of people and their lives and their careers and their families. Let’s please not forget that.

UPDATE: The first “family event” meeting seems to have gone well for HISD.

Posted in School days | Tagged , , , , , , , , , , , | Comments Off on The Chron asks the “will what Mike Miles is doing actually work” question

Project Texas versus Project Texas

That’s gotta suck.

Kendall Hill was in a meeting at Pegasus Park as TikTok CEO Shou Zi Chew testified in front of Congress on March 23. As Chew spoke to U.S. officials, Hill received a vague message from a friend.

“You’re blowing up right now,” read the message to the president, founder and CEO of Dallas-based Project Texas.

Project Texas, a nonprofit focused on projects such as helping citizens gain access to voting, is now looking to distance itself from the controversial social media app TikTok that Texas and other states banned from government-owned computers and cellphones over security concerns.

Hill said the nonprofit has a volunteer base of 500 people in Texas and, until November 2022, operated with a budget of less than $5,000.

The Chinese-owned company has launched a $1.5 billion initiative under the same name. TikTok’s Project Texas was created in an effort to restore American trust in TikTok’s operations.

TikTok’s initiative got underway in March 2021. The nonprofit also launched in March 2021 and was granted a trademark for the Project Texas title in July 2022.

TikTok’s initiative has received extensive coverage in Buzzfeed, Bloomberg, NPR and other media outlets. The Project Texas name also is prominent on TikTok’s U.S. website.

TikTok spokesperson Brooke Oberwetter said the company plans to eventually do away with the name.

Oberwetter said its use of Project Texas isn’t intended to identify a product, service or team, but rather a framework for how it plans to safeguard U.S. national security interests and protect user data. She said the name will be retired once that’s achieved.

Until then, Hill worries that TikTok is inadvertently damaging the nonprofit’s reputation.

With 150 million American users, the social media app carries considerable website search clout.

“Right now, if you Google ‘Project Texas,’ the entire search results are filled with TikTok. We’re at the bottom of the results now,” Hill said. “Now, we’re being associated with them. We’ve gotten calls from people who think we’re with TikTok. We just want them to stop using our name.”

In response, Hill and Project Texas sent a letter to TikTok in hopes of getting the popular app to drop the name. Though a lawsuit has not been filed, it said TikTok violated fair use laws.

See here and here for some background, and here for what the original Project Texas has to say about this. Gotta say, ByteDance should have at least done a Google search on “Project Texas” before settling on that name for its charm offensive. Seems like a pretty basic thing to do, and they’re kind of lucky that they landed on a nice little non-profit and not some astroturf wingnut group. Now that the original Project Texas has made themselves known, perhaps TikTok can move up its schedule to finish using that name.

Posted in The great state of Texas, Websurfing | Tagged , , , , , | Comments Off on Project Texas versus Project Texas

Louisiana’s turn to (maybe) fix its racial gerrymander

They’re on the clock.

The Supreme Court on Monday denied Louisiana’s attempt to block a lower court’s order that it redraw its congressional maps. That court found that the state had likely diluted the power of Black voters in violation of the Voting Rights Act.

“This will allow the matter to proceed before the Court of Appeals for the Fifth Circuit for review in the ordinary course and in advance of the 2024 congressional elections in Louisiana,” the brief Supreme Court order said.

Louisiana was trying to take a shortcut by going right to the Supreme Court — which the majority denied — though the Court had let the gerrymandered map stand for the 2022 midterms, despite the lower court finding.

The Court’s sending the case back down to the lower courts opens the door to Louisiana eventually having to redraw its map to include two districts — instead of one — where Black voters have the ability to elect the candidate of their choice. In the meantime, though, the case for adding this district may not fare well at the infamously right-wing 5th Circuit, setting up a new round of appeals that will likely see the case return to the Supreme Court in the future.

Experts pointed to Louisiana — along with Georgia and Texas — as the likeliest states to see their maps reconfigured with additional minority opportunity districts after the Court knocked down Alabama’s racially gerrymandered map in a surprising, pro-voting rights decision earlier this month. The Supreme Court had paused the Louisiana case until it came to a decision on the similar Alabama one.

That Alabama ruling had near-immediate ramifications, as the judge in a Georgia redistricting case directed the parties involved to submit supplemental briefings addressing the new Supreme Court decision.

See here and here for the background, and click the story link for a copy of the ruling. Daily Kos has more details.

Before the high court intervened last year to put the Louisiana matter on hold, in fact, it had already proceeded quite far. After determining that the GOP’s map had likely violated the VRA, Judge Shelly Dick gave the legislature the first crack at drafting a new plan, but Republicans failed to take action by the court’s deadline. The judge then asked the parties to submit their own proposals for maps that would comply with the VRA. Republicans once again refused to participate, but the plaintiffs, led by the state branch of the NAACP, presented a plan drawn by redistricting expert Anthony Fairfax.

That plan is shown at the top of this post, alongside Louisiana’s current congressional map (a larger version can be found here, and interactive versions of both can be found here). By linking the cities of New Orleans and Baton Rouge, Republican legislators were able to pack a large number of Black voters into the 2nd District (shown in green) while scattering them elsewhere. That ensured that Louisiana’s five other districts would remain majority-white and therefore solidly Republican, despite the fact that a third of the state is African American.

The plaintiffs’ map, by contrast, separates the two cities, giving the 5th District (in yellow) a Black majority, just like the 2nd. As a consequence, both districts would likely elect the type of candidates preferred by Black voters—almost certainly Black Democrats, like Rep. Troy Carter, who represents the current 2nd District.

Despite Republican lawmakers’ past intransigence, the judge will probably give them another chance to prepare a new map. But once again, they may not comply—at least, not with alacrity. While the Supreme Court won’t bail them out this time, the 5th Circuit might. That ultraconservative appellate court would field any further appeals, and as legal expert Rick Hasen suggests, those judges are very likely to be hostile to plaintiffs’ arguments, despite the Supreme Court’s Alabama ruling. (The Alabama case differs from the Louisiana case in one key aspect: Due to a particular federal law invoked in the former but not the latter, all appeals in the Alabama lawsuit go directly to the Supreme Court.)

It’s certainly possible that the Republicans in Louisiana could run out the clock on preparing a new map for the 2024 election, but at some point they’ll have to comply. In the meantime we wait, and we look forward to seeing how the Texas case plays out when it gets to court.

Posted in Legal matters | Tagged , , , , , , , , , , | Comments Off on Louisiana’s turn to (maybe) fix its racial gerrymander

No pay for Paxton while he’s on the sidelines

Poor baby.

A crook any way you look

The Texas attorney general’s office attempted an end-run around a ruling from the state’s top accountant to pay Attorney General Ken Paxton despite his impeachment, documents indicated.

Paxton has remained suspended from duty since the House overwhelmingly voted to impeach him on May 27 after accusations of wrongdoing.

Communications obtained through open records requests revealed a conflict between his agency and the comptroller’s office regarding Paxton’s salary.

“Simply put, it is unclear that the CPA has authority to withhold AG Paxton’s salary under these circumstances,” Lesley French, office chief of staff wrote in an email to the director of the comptroller’s fiscal management division on Wednesday.

[…]

The Dallas Morning News previously reported that the attorney general’s office sought Paxton’s salary for June — roughly $12,800, but it was unclear then if the request was intentional.

The emails showed intention and revealed a conflict between the two agencies with officials in Paxton’s office insisting that the Texas Constitution merely required his suspension but was silent on the issue of his pay.

Officials in the comptroller’s office, which has the oversight of the state’s pocketbook, maintained that it has authority over the state’s financial matters, including Paxton’s pay, and noted that the Legislature only appropriated money for one attorney general.

“The General Appropriations Act provides funding to the OAG to pay one exempt position, titled Attorney General, at a rate of $153,750 annually. There is no authority or funding for your agency to pay both Provisional Attorney General (John) Scott and Attorney General Paxton simultaneously,” Rob Coleman, director of the comptroller’s fiscal management division, said in a reply to French.

Despite a ruling from Texas Comptroller Glenn Hegar that Paxton cannot be paid while he awaits his impeachment trial, the attorney general’s chief of staff sought his paycheck for the month of June.

[…]

The pay request prompted the comptroller’s office to briefly “hold” the entire payroll for the attorney general office’s 4,200 employees. Emails show French appeared to interpret that move as a means to force the office to amend their pay request, which it did.

“While we believes (sic) AG Paxton is entitled to his salary pending the outcome of the Senate trial, the OAG would like continue (sic) to pay its employees for the month of June,” French wrote, adding that a supplemental pay request for Paxton’s salary alone would be submitted.

Coleman replied that any additional attempts to pay Paxton would not be successful.

“Our office is prepared to work with you to ensure staff at the OAG receive their timely and accurate salaries,” he wrote. “However, any further submission of a salary payment for Attorney General Paxton, while he is in a suspended status, will be held and not processed through our statewide systems using state appropriated funds.”

It was unclear if the office of the attorney general has any avenues to appealing the comptroller’s ruling on Paxton’s pay.

You almost, almost, have to admire the sheer gall of the request. Almost, but nah. Screw him. I don’t feel the need to analyze this any further than that. Reform Austin has more.

Posted in Scandalized!, Show Business for Ugly People | Tagged , , , , , , , | 1 Comment

Add Stephen F. Austin University to the list of recent cyberattack victims

Not a lot of detail here, but these things are never good.

More than a week after Stephen F. Austin State University was hit with a cyberattack, leaders at the public university in the East Texas Pineywoods are still working to fully restore email and other online services for the 11,600-student campus.

University spokesperson Graham Garner confirmed Tuesday that the Federal Bureau of Investigation is looking into the incident, which occurred about 10 days ago, but did not provide any additional details. In a statement, a spokesperson for the FBI Dallas field office confirmed the investigation but declined to provide more information about the investigation.

While the university has restored access to the internet and the university’s online teaching portal, students and faculty say the hack has caused serious disruptions, especially for students taking summer courses.

[…]

The university said the cyberattack occurred sometime between June 10-12. Once it was discovered, the school cut off internet access to stop any further breaches to its system.

Since then, the University of Texas System has helped SFA investigate and respond to the attack. SFA is in the midst of joining the UT System after the Texas Legislature recently approved legislation allowing the independent university to join the UT system.

Garner said SFA police are working with the FBI on the investigation. He said the university has not found evidence that any personal or sensitive financial information was accessed in the breach. The attack also appears unrelated to a ransomware attack from a Russian group that hit multiple federal agencies, U.S. companies and state governments.

The Russian group behind the ransomware attack cited in the story is not the same as the Russian group involved in the Dallas ransomware attack. There wasn’t much coverage of the SFA attack when it happened, and I can’t tell what we’re talking about because the reporting is so vague, most likely because SFA gave out very limited information about it. Ransomware? Other malware? Data exfiltration? Files/websites/other systems defaced or trashed? I have no idea. It would be nice to get some kind of final report with clear information, but I don’t know that there’s any requirement for SFA to provide that to anyone other than its own internal stakeholders. That might be fertile ground for future legislation, but if so I sure hope it comes with more funds to protect the various public institutions that are being victimized by these attackers. We do still have a lot of that surplus left, you know.

Posted in Technology, science, and math, The great state of Texas | Tagged , , , , | Comments Off on Add Stephen F. Austin University to the list of recent cyberattack victims

Another Paxton roundup

The hits keep on coming…

So, just how transparent is this Senate trial going to be?

A crook any way you look

Lt. Gov. Dan Patrick has promised maximum transparency in the impeachment trial for suspended Attorney General Ken Paxton, but trial rules recently adopted by the Texas Senate came after an opaque process — and provide for plenty of secrecy going forward.

Any pretrial motions, including requests from Paxton’s legal team to toss out articles of impeachment, will be kept confidential.

A special committee of senators will review each pretrial motion behind closed doors and issue written recommendations for how it should be addressed, but those recommendations are to remain confidential as well.

When senators vote on pretrial matters — or cast the deciding votes on whether to convict or acquit on each article of impeachment — there can be no debate or comments beyond “yea” or “nay.”

Even the witness list that each side must file before Aug. 22 will be kept from the public.

After all the evidence is presented and closing arguments are made, senators will meet in private to deliberate like any jury in a civil or criminal trial.

Finally, the rules require the trial’s presiding officer — at this point it is Patrick, though he can appoint a replacement — to issue a gag order “as soon as practicable” after adoption of the rules. The rules do not state who would be barred from speaking or what they would be prohibited from speaking about.

The Senate approved the rules without public debate Wednesday night, following two days of closed-door deliberations over them. That came after a rule-making committee worked in secret for three weeks, drafting proposed rules without telling the public when and where they were meeting.

“Just comparing this process to other processes [in state government], it hasn’t been transparent,” said Adrian Shelley, executive director of Public Citizen Texas, an Austin-based government watchdog group. “Not even knowing when the committee is meeting is pretty disappointing.”

Even if the process and rules are similar to past impeachment trials or similar legal proceedings, Patrick had promised a high level of transparency.

“Let me just say this: If there is a trial — if there is — there will be total transparency and it will be handled properly,” Patrick said in a radio interview Monday.

See here for the background. Insufficient transparency was among the stated reasons why Sen. Sarah Eckhardt voted against the rules package. I don’t know right now how big a deal this will be. It’s a reason to be at least a little skeptical, if not suspicious, but how correct one’s level of skepticism/suspicion is won’t be known until after, possibly well after, when any further secrets hopefully come to light. This bit at the end, about the portion of the rules dealing with recusals, illustrates what I mean:

Sen. Bryan Hughes, R-Mineola, is alluded to in the articles of impeachment as a “straw requestor” for an attorney general’s office legal opinion that Ken Paxton sought to help a campaign donor. And Sen. Donna Campbell, R-New Braunfels, employed a staffer who was reportedly involved in an extramarital relationship with Paxton that is mentioned in the articles.

The opaque rule-making process means the public does not know if additional recusals were contemplated.

“Not knowing whether that was discussed,” Shelley said, “it undermines confidence in the process.”

First, I will note that while we had heard about this staff arrangement for Ken Paxton’s alleged mistress before, this is the first time I’ve seen whose office it was in which she was employed. If it turns out there were other potential conflicts that were discussed in private but not voted on in the rules, that will be bad. If not, if we basically know all that we need to know, then there will be less room for complaint. How confident are you about that possible outcome?

One reason for that may be that there are so many political considerations for Senators in the trial. Well, for Republican Senators, anyway.

After being picked last month to prosecute Attorney General Ken Paxton’s impeachment case, attorneys Dick DeGuerin and Rusty Hardin projected an air of objectivity, previewing a trial that would “rise above party.”

Days later, Paxton defense attorney Dan Cogdell called that “nonsense.”

“Last I checked, all the members of the Senate are politicians,” Cogdell said, likening the notion that politics wasn’t at play to“the fellow that’s trying to convince his wife that he goes to the strip joint for the food.”

With the historic impeachment trial fast approaching, Republican state senators face a complex set of political factors that go far beyond their opinion on the merits of the case. Though they have promised to give Paxton a fair, impartial shake, members are also contending with personal ties to the now-suspended attorney general, as well as shared campaign donors and future elections in which primary voters play an outsized role.

“This is the most consequential vote that every member of the Senate will take this session, and probably in their political careers,” said Brandon Rottinghaus, a political science professor at the University of Houston. “They’ve got one eye on the impeachment articles, and one eye on polling back home. It’s a challenge for them, because Paxton is still very popular among the core of the Republican Party that votes in Republican primaries.”

[…]

Rules adopted by the Senate earlier this week bar senators from commenting publicly on the Sept. 5 trial or challenging procedural rulings from Lt. Gov. Dan Patrick. This gives Patrick, who’s known as a master tactician, “extensive power” over the proceedings, tweeted Ross Garber, an attorney who has defended statewide officials facing impeachment in other states.

The rules will minimize blowback for GOP senators, shielding them from public debates or votes on controversial motions, Rottinghaus said.

“The way they set it up was basically to protect the members – they can’t say anything, they can’t engage in conversations outside of the immediate jury pool, and they can read their justification into the record after the fact,” Rottinghaus said.

Complicating the matter for Republicans who are leaning toward conviction is the threat of drawing a primary challenge as a result.

Paxton, a far-right conservative allied with many prominent figures in Texas’ right-wing circles, has had bulletproof popularity among Republican voters, twice winning re-election amid mounting legal issues.

GOP voters appear closely divided on the impeachment itself: just under a third said it was justified, while another 30 percent said it was not in a recent statewide poll from the Texas Politics Project at the University of Texas at Austin. The remaining 39 percent answered “don’t know/no opinion.”

Paxton’s approval among Republicans dipped sharply in the same poll, from 65 percent in April to 51 percent this month.

Still, Rottinghaus said, voting against Paxton is a far riskier move for Republican senators, especially with most of their districts redrawn in 2021 to fortify GOP control. Under the new maps, most GOP senators face little threat of losing to a Democrat in the general election — leaving the primary as their only real hurdle.

I have no idea how the various Republican Senators will act, though my two assumptions have been that they will act in what they believe is their own best interest, and I expect Paxton to survive, though it will be close. There continues to be a nice bit of division among the GOPers over this, as noted in that poll, which to me is the most important thing. Let them be mad at each other forever over this, I say.

Of interest to me is the unstated assumption that Dems will vote as a bloc to convict. I think this is the most likely outcome, on the grounds that we pretty much already know enough to convict him, no one has actually offered a defense of his actions so far – it’s all deflections, hurt feelings, and whataboutism – and we’re all just going through these motions to give Republicans the cover they need to eject him from their corpus. But maybe I’m wrong, and maybe there are some meritorious arguments that Messrs. Buzbee and Cogdell will raise, and maybe that will be enough to sway one or more Dems to acquit, on some number of the charges. (Side note: I assume conviction on any one of the charges is enough to bounce Paxton from office and that he has to beat them all to stay in place; if I’m wrong about that, please say so.) I don’t think any Dem Senator who can give a reasoned argument for why they voted to acquit and not some dumbshit Harold Dutton reason will be fine. Certainly, a couple of acquittal votes combined with him going down in the end ought to do no one any harm. But again, I remain open to being surprised.

Finally, on a side note:

A Texas real estate developer at the center of Attorney General Ken Paxton’s impeachment has pleaded not guilty to charges of making false statements to banks that loaned him more than $170 million.

Nate Paul waived his scheduled arraignment before a U.S. district judge in Austin, according to court documents posted Friday.

Paul figures heavily in 20 articles of impeachment filed against Texas’ top law enforcement officer. Paxton is accused of abusing his power and bribery in order to help Paul, who gave the Republican a $25,000 campaign donation in 2018.

There is no reference to Paxton in Paul’s indictment, which accuses the developer of making false statements to multiple banks in 2017 and 2018. But one of the banks later received a subpoena, issued in person, by an attorney Paxton hired as an “outside independent prosecutor” to pursue complaints Paul made after the FBI raided the businessman’s offices.

The good news about there being so much Paxton news is that I can stick stuff like this onto the end of a roundup post. It’s not worth its own post – there’s just nothing of interest there other than it happened – but it’s worth mentioning in passing. So there you have it.

Posted in Scandalized!, That's our Lege | Tagged , , , , , , , , , , , , , , , , , , , , , | 2 Comments

The smallest possible loosening of abortion restrictions

Better than nothing, but not by much.

Rep. Ann Johnson

Doctors will have more legal protections to perform emergency abortions under a bill signed by Gov. Greg Abbott, following numerous reports of medical care being delayed due to confusion over the state’s abortion ban.

The law, signed last week, is a quiet victory for Democrats after a legislative session in which Republicans were largely unwilling to revisit the new abortion restrictions, which don’t include exceptions for rape or incest and have only vague language about when doctors can intervene during emergencies.

Saturday marks the one-year anniversary of the Dobbs Supreme Court ruling that overturned the landmark Roe v. Wade decision.

The two conditions covered by House Bill 3058 — ectopic pregnancies and previable premature rupture of membranes (PPROM) — can be life-threatening if left untreated. The standard of care includes either close monitoring to wait for the issue to resolve on its own or terminating the pregnancy.

An ectopic pregnancy, in which the egg implants outside the uterus, is already exempt from the state ban, according to an advisory from the Texas Attorney General’s Office. The diagnosis is fatal for a fetus. Meanwhile, chances of fetal survival are slim when a patient experiences PPROM, when their water breaks before the pregnancy reaches viability.

The legislation is “allowing us to practice medicine without handcuffs on in those particular situations,” said Dr. Kimberly Pilkinton, president of the Texas Association of Obstetricians and Gynecologists.

In media interviews, physician reports and legal filings since the overturning of Roe v. Wade, patients with those conditions have said they were denied treatment or sent home to wait for their health to worsen, with doctors citing the sole exemption in the state’s new abortion ban for patients experiencing a medical emergency. Physicians who violate the law can face fines, a lawsuit or a felony punishable by up to life in prison. They can also have their license revoked by the medical board.

The new law, effective Sept. 1, will protect any health care provider from criminal, civil and professional liability if they can prove they used reasonable medical judgment. Pharmacists are also protected.

State Rep. Ann Johnson, a Houston Democrat and the bill’s author, acknowledged that the bill doesn’t cover all of the potentially life-threatening complications that can arise during pregnancy. However, she said she needed to compromise with Republican colleagues to earn necessary bipartisan support for an issue that “politically, I don’t think there was an appetite” to resolve.

“I think there’s a much larger discussion about long-term implications and necessary fixes,” she said. “But it was really important that we take a small step here in protecting women’s health care.”

[…]

Not all abortion rights advocates were satisfied by the legislation. Molly Duane, a senior staff attorney for the Center for Reproductive Rights, which represents 15 plaintiffs in a lawsuit seeking clarity to the state’s abortion laws, said the bill is “wholly insufficient to address the widespread suffering happening across Texas, as evidenced by the women in our lawsuit.”

While some plaintiffs in the lawsuit did experience PPROM, others dealt with different pregnancy complications including fatal fetal anomalies that they say forced them to leave the state for care.

Duane also noted that doctors could still be forced to go to court.

“Under this bill, doctors who provide an abortion will still have to defend themselves in court to prove the abortion was necessary,” she said in the statement. “Imagine doing that in a state whose government has been zealously hostile towards abortion providers. Doctors can still be hauled into court where they face cripplingly high fines, life in prison, and loss of their medical license.”

Here’s HB3058, which passed 128-12 though two of the Nos said they meant to vote Yes and one of the Yeses said he meant to vote No. As Molly Duane notes, the bill’s text adds an “affirmative defense to civil liability”, which just means that if a doctor is sued under the vigilante bounty-hunter law, they can try to avoid being found guilty by citing one of these conditions. Of course, there’s no limit to how many times they can be sued under SB8, and the judge would still have to rule in their favor, so the depth of this protection can be measured in angstroms. Still technically greater than zero, but you can see why no one is particularly excited about it. This is not meant in any way as a knock on Rep. Johnson, who did the best she could under extremely hostile conditions. It’s just to say that no credit is due for any kind of “moderating” or “softening” on the Republicans’ part.

For further reading, this Trib story is a look at where we are with abortion in the state of Texas a year after the Dobbs ruling. I may or may not comment on it later, I’m just putting it out there for you.

Posted in That's our Lege | Tagged , , , , , , , , | Comments Off on The smallest possible loosening of abortion restrictions

“Family events” announced so you can learn more about what the hell is going on at HISD

Mark your calendars.

Superintendent F. Mike Miles announced dates for a series of family events to share more information about his vision for HISD and to meet families from schools across the district.

“When I accepted this appointment two weeks ago, I told the families of HISD that their children are the reason I am here, and I feel that even more urgently now,” said Miles. “I am excited to spend time getting to know our students and families the way I’ve been able to get to know our educators.”

The schedule of family events is as follows:

  • Tuesday, June 27, 6-7:30 p.m. – Forest Brook MS (7525 Tidwell Rd.)
  • Thursday, June 29, 6-7:30 p.m. – Williams MS (6100 Knox St.)
  • Tuesday, July 11, 6-7:30 p.m. – Pugh Elementary (1147 Kress St.)
  • Thursday, July 13, 6-7:30 p.m. – Marshall MS (1115 Noble)
  • Tuesday, July 18, 6-7:30 p.m. – Hattie Mae White ESC (4400 W. 18th St.)
  • Thursday, July 20, 6-7:30 p.m. – Virtual (link to come)
  • Thursday, July 27, 6-7:30 p.m. – Hattie Mae White ESC (4400 W. 18th St.)
  • Saturday, July 29, 9-11:30 a.m. – West Briar MS (13733 Brimhurst Dr.)
  • Tuesday, Aug. 1, 6-7:30 p.m. – Stevenson MS (9595 Winkler Dr.)
  • Wednesday, Aug. 2, 6-7:30 p.m. – Attucks MS (4330 Bellfort St.)

Families are encouraged to attend the event closest to them but may attend any event they choose. To register, click here.

To submit questions for the superintendent and his team, click here.

In addition to these meetings, families at New Education System schools will be invited to campus-based community meetings once in July and August.

Make your plans as you see fit.

Posted in School days | Tagged , , , , , | 1 Comment

Weekend link dump for June 25

The coming enshittification of Reddit.

“Of all the Garfield Minus Garfield strips, the following 15 stand out as some of the darkest to ever be created.”

“Let’s put a very fine point on it: Showgirls is a ’90s id fantasia; it’s dark brown lip-liner, it’s perms, it’s Versayyyce, it’s boat shows, it’s French tips, it’s ham-handed Sapphic romance, it’s Gina Gershon, it’s unforgettable. The Idol could never! The Idol is a wet cigarette; it’s dead eyes, it’s braided rattails, it’s your friend’s little sibling declaring “I definitely know what sex is,” it’s soggy vibes, it’s fetid air, it’s naptime.”

“[No Labels] is literally funded by the top Republican donors in the country and run by a couple of reprobates half motivated by pique over being expelled from the Democratic party and half by the intrinsic corruption they displayed while they were part of it.”

The Cheyenne Squirrelpocalypse. That’s it, that’s the link.

RIP, Big Pokey, Houston rapper.

“Declaring oneself a constitutional county undermines the authority of officials authorized to act under the Constitution. I believe it ultimately subverts the authority of the Constitution itself.”

Disbar him.

“I’m sure that somebody, somewhere, experienced some kind of genuine religious conversion as a result of Pat Robertson’s decades of “televangelism.” That’s probably happened dozens of times over the years. But the donors and monthly supporters of The 700 Club weren’t funding a missionary enterprise designed to seek and to save lost souls. They were funding a fundraising enterprise designed to seek and to soak anyone willing to write them a check.”

“To Jefferson, John Adams, James Madison, and others, the yeoman farmer was the ideal citizen who set his own schedule and was beholden to no one. With a little suspension of disbelief, one could imagine the darkest days of 2020 as a time machine transporting knowledge workers back to their freehold farms. There, we tended our intellectual crops at our leisure, reviving a model of work long forgotten. We discovered we liked it.”

“Texans making 4,000-mile round-trip journeys for abortions. Weeks-long waits for appointments at clinics across the Midwest. Desperate calls to abortion funds asking for help with procedure costs, flights and gas. One year after last summer’s decision in Dobbs v. Jackson Women’s Health Organization, this is the new reality of abortion in the U.S., as thousands of people are unable to obtain abortions in their home states or nearby — and tens of thousands more travel farther and farther to end their pregnancies.”

Scientists have detected the presence of the sixth and final essential ingredient of life in ice grains spewed into space from the ocean of Saturn’s moon Enceladus.”

Weird Al >>> “weird” AI.

RIP, Teresa Taylor, former drummer for The Butthole Surfers and actor best known for Slacker; her image is on the movie poster.

Scientists shouldn’t debate gaslighters.

Scientists should also think real hard about whether it’s still worth it to have a Twitter account.

“Somewhat like some colleges or the service academies match a sponsor family with first year students or cadets, [Leonard] Leo seemed to do that with incoming Supreme Court Justices. You know … a place to stay over the holidays, watch a movie, get emotional support, a place to take a nap on an off day. It’s basically that, a sponsor family for each new Justice.”

Spare relationship causes awkward split is a Hall of Fame headline, and like Ray Ratto I am duly impressed. But seriously, you need to read the story, or at least Ratto’s recap and the comments, to truly take in its full flower.

“We already (sorta) know how to have less crime”.

“It’s been one year since the Supreme Court ended the federal right to an abortion, and OBGYNs say that it has impacted their ability to perform miscarriages and react in pregnancy-related emergencies, according to a new KFF national survey released Wednesday. Now, they fear those restrictions have led to worse maternal mortality rates, and they fear for future recruitment and retention in their profession.”

Sue her into oblivion.

“It’s rarely malice that generates the events that lead to a safety regulation. Carelessness will do. So will pushing onward just one step too far because you want to show someone that you can deliver on your promises. That you can give them what they paid for. That you can make them happy.”

“Since Wednesday, users of Polymarket, a crypto-based futures trading platform, wagered over $300,000 on whether the “missing submarine” would “be found by June 23.””

Keep Vanna White. And pay her more, while you’re at it.

Let them fight.

“In a perverse way, the Titanic got lucky. Its century-long growth into a worldwide cultural phenomenon is rooted in two often overlooked factors: demographics and timing.”

Posted in Blog stuff | Tagged | 3 Comments

SCOTx rules ERCOT can’t be sued over the 2021 freeze

A split ruling, which in my kind could have gone either way.

The Texas Supreme Court ruled Friday that ERCOT, the operator of Texas’ power grid, is a government entity, granting the organization immunity to lawsuits stemming from 2021′s deadly winter storm.

The Supreme Court ruled 5-4 on immunity, reversing a previous judgment from a Dallas state appeals court. Justices dismissed lawsuits from San Antonio’s municipal electric utility and a private energy developer.

The court ruled unanimously that ERCOT is a governmental entity, something the organization has waffled on in recent legal challenges. For instance, it claimed it was not a government entity when it was sued over Texas’ government open records law. ERCOT officials claimed it fell under government protection under the suits that were decided Friday.

ERCOT is the country’s sole power grid contained wholly within a single state. It encompasses roughly 75% of the state and maintains a grid providing electricity to 90% of Texas’ population. It is a government created non-profit corporation that is regulated by the Public Utility Commission.

Because of this, ERCOT should be immune to suit because “it prevents the disruption of key governmental services, protects public funds, and respects separation of powers principles,” Chief Justice Nathan L. Hecht wrote for the majority.

“ERCOT’s governmental nature is demonstrated most prominently by the level of control and authority the state exercises over it and its accountability to the state,” Hecht’s ruling stated.

The ruling stemmed from lawsuits from San Antonio’s municipal electric utility CPS Energy and a private power plant developer. CPS Energy sued following 2021′s deadly winter storm, alleging that mishandling of power pricing during the storm led to the utility being short-changed $18 million.

The justices also dismissed a lawsuit from a Dallas-based private energy developer Panda Power Funds that alleged it lost billions after making investments based on flawed energy demand projections ERCOT issued.

The ruling shuts the door on any further lawsuits against ERCOT over energy pricing during the winter storm, which brought the state’s electric grid to the brink of a total collapse, left nearly half of Texan households without power for days and led to the deaths of more than 200 people.

The ruling was 9-0 on questions related to the jurisdiction of the suit and ERCOT’s status as a “government unit.” However, the court was divided 5-4 over ERCOT’s sovereign immunity.

See here for the previous entry, here for the majority opinion, and here for the dissent. My heart was on the side of the plaintiffs, but as I said before I can see the merit of the ERCOT argument. The Lege could pass a law to reverse this if they wanted to – I can’t imagine they will, but they could. Note that these lawsuits were about business disputes – Panda Power was suing because it had overbuilt based on flawed energy demand projections – though they could have an effect on consumer charges. Homeowners who were damaged by the freeze were still able to sue to recover those damages; this litigation had nothing to do with that. The Trib has more.

Posted in Legal matters | Tagged , , , , , , , , | Comments Off on SCOTx rules ERCOT can’t be sued over the 2021 freeze

UT/Texas Politics Project poll: Half of Texans think Paxton impeachment was “justified”

It’s one poll, yadda yadda yadda, but here you go.

A crook any way you look

As the Texas Senate begins the historically unprecedented process of trying the suspended Attorney General Ken Paxton on 31 articles of impeachment, a majority of Texas’ registered voters think the House was justified in impeaching the three-term incumbent, according to the latest University of Texas/Texas Politics Project Poll.

Asked whether they thought the Texas House of Representatives was justified in impeaching Attorney General Ken Paxton, 50% said it was justified, 17% said it was not, and a third (33%) had no opinion.

[…]

The poll, conducted June 2-12, found Republicans closely divided: 31% said the impeachment was justified, 30% though it was not, with the plurality, 39%, currently holding no opinion. Democratic views were more lopsided in support of the House’s action: nearly three quarters (73%) thought the House was justified in impeaching Paxton, 6% thought the impeachment wasn’t justified, and 21% had no opinion. Independents were characteristically less opinionated, though leaned substantially toward thinking the impeachment was justified (40%), while only 15% thought it was unjustified and the plurality, 44%, holding no opinion.

Paxton’s job approval ratings declined since polling conducted by the Texas Politics Project in April before the impeachment. In April, Paxton received approval for his job performance from 39% of Texas voters and disapproval from 35% (net +4). Since his impeachment, June polling finds 30% approving (a 5 point decline) and 41% disapproving (net -11). These are Paxton’s worst overall job approval ratings in Texas Politics Project polling going back to June 2021.

As Paxton looks for public support from his fellow partisans, his job approval among Republicans decreased sharply between April and June, from 65% approving and 13% disapproving (net +52) in April to 51% approving and 19% disapproving (net +32) in June. His job approvals dropped similarly among self identified conservatives.

This was a poll of registered voters, and you can find poll data here. I like those Republican numbers – stay divided, y’all! Beyond that, this is mostly a conversation item. If Ken Paxton beats the rap, his approval rating will likely tick back up at least a little, and we’re more than three years from the next time he could be on a ballot anyway. If he gets convicted, his approval rating won’t matter. What does matter is that there’s enough here to counter the argument that this was a partisan hit job, even with it being initiated by Republicans and a majority of Republicans in the House voting to impeach. The dead-enders won’t hear it, but there it is anyway. The Trib has more.

Posted in Scandalized!, Show Business for Ugly People | Tagged , , , , , | Comments Off on UT/Texas Politics Project poll: Half of Texans think Paxton impeachment was “justified”

From the “Obvious reactions to dumb things” department

Item 1: Former Congressman Will Hurd is running for President.

Former U.S. Rep. Will Hurd, R-Helotes, announced Thursday he is running for president, becoming the first Texan with experience in elective office to enter the Republican primary.

Hurd, who represented Texas in Congress from 2015-21, begins his campaign as a major underdog. He is an unabashed moderate and a Donald Trump critic in a party where many remain loyal to the former president and frontrunner for the 2024 Republican nomination.

Hurd revealed his decision in a Thursday morning interview on CBS and followed it up online with an announcement video that began with Hurd listing illegal immigration, inflation and other problems before addressing the current and former presidents.

“President [Joe] Biden can’t solve these problems — or won’t,” Hurd said. “And if we nominate a lawless, selfish, failed politician like Donald Trump — who lost the House, the Senate and the White House — we all know Joe Biden will win again.”

I have a better chance of being elected President than Will Hurd does. But I’m sure this will be helpful for his future book sales and speaking fees.

Item 2: Can Ted Cruz convince people that he’s an effective legislator and not just a ridiculous partisan hack?

Not Ted Cruz

U.S. Sen. Ted Cruz often refers to himself as a happy warrior, and he has spent much of his time in the Senate fighting against bills backed by Democrats and Republicans alike.

But as the two-term senator gears up for a difficult reelection fight next year, he is working to buff up a less prominent side of his record: effective lawmaker.

The Texas Republican is touting past efforts to reach across the aisle to designate new federal highways, invest in space exploration and pass protections for women in military academies. And he is using his post as the top Republican on the Senate Commerce, Science and Transportation Committee to make bipartisan pushes to mandate carmakers keep AM radio in the vehicles they sell and to require transparency in event ticket pricing.

It’s a new look for Cruz that comes as his highest-profile Democratic challenger, U.S. Rep. Colin Allred of Dallas, is already slamming him for spending more time podcasting and vying for airtime on Fox News than getting work done in the Senate.

“My role in the Senate has been, No. 1, standing up and leading the fight against bad ideas, against extreme policies hurting the people of Texas, and, No. 2, working to deliver meaningful victories that make a difference in the lives of Texans,” Cruz said in an interview with Hearst Newspapers.

Short answer: No.

Slightly longer answer: HA HA HA HA HA HA HA *gasp* *wheeze* *choke* HA HA HA HA HA *deep breath* *long exhale* No.

(Also, that thing about AM radio is totally about protecting wingnut talk radio hosts from extinction.)

This has been Obvious Reactions To Dumb Things. Thank you for your attendance.

Posted in Election 2024, The making of the President | Tagged , , , , , | Comments Off on From the “Obvious reactions to dumb things” department

Another look at Texas redistricting litigation after the Alabama SCOTUS ruling

An explainer from the Trib.

The state faces an assortment of legal challenges to its congressional and statehouse maps, including allegations of intentional discrimination, vote dilution and racial gerrymandering. For example:

In the Rio Grande Valley, the plaintiffs allege map-drawers reconfigured a congressional district to offer Republicans a more competitive edge by manipulating precincts in and out of the district based on race. They also argue lawmakers discriminated against Latino voters by “making improper and excessive use of race” in each of its maps.

Across North Texas, the challengers point to several instances in which communities of color were siphoned off from diverse districts and submerged into more rural districts dominated by white voters in which they will have less of a political voice.

In some areas where voters of color were gaining political ground, Republican map-drawers elaborately manipulated lines to create district boundaries that could diminish their influence.

Republican lawmakers and attorneys representing the state in court have denied that their work ran afoul of the Voting Rights Act or constitutional protections against discrimination.

[…]

While the pathway to challenging voting laws in federal court has been narrowed as the law has been weakened, voters have found a way forward through Section 2, which prohibits any voting practice or procedure that “results in a denial or abridgement of the right of any citizen of the United States to vote on account of race.” Violations of the law occur when, “based on the totality of circumstances,” groups of voters of color have less opportunity to participate in the political process or to elect representatives of their choice.

Texas has repeatedly run afoul of protections for voters of color in the past.

In a majority opinion authored by Chief Justice John Roberts, the court leaned on precedent to reject Alabama’s argument that Section 2 is unconstitutional because it places too much emphasis on race. Alabama’s various arguments, including a pitch for race-neutral tests, could have radically changed how Section 2 claims are litigated.

Lawmakers are generally not allowed to draw districts predominantly on the basis of race. But the Voting Rights Act can require them to consider race when sketching boundaries under certain circumstances, namely to protect or create “opportunity districts” in which voters of color make up a majority of the electorate and can usually elect their preferred candidate.

“[This] was the court taking a very, very standard approach to a redistricting challenge under the Voting Rights Act,” said [Nina] Perales, who is representing Latino plaintiffs in the Texas redistricting case after successfully challenging the state’s maps last cycle.

The Texas redistricting case, which is further behind than challenges to other states’ maps, is chock full of Section 2 claims.

Some plaintiffs’ lawyers said the Supreme Court’s ruling would not change much of their approach to those claims, while others said the decision clarified the complex legal framework needed to prove a violation of Section 2. But they agreed that the court’s ruling dispatched some of the arguments states like Texas might look to in defending against their challenges.

“One of the things that the majority did is it really refused to rewrite Section 2 along the lines of various arguments that defendants are raising across the country,” said Yurij Rudensky, who serves as a redistricting counsel for the Brennan Center for Justice and represents a group of plaintiffs in the Texas case.

See here for the background, and read the rest. There’s no question that Texas packed and cracked to its heart’s content in 2021. The question is whether the courts, up to and including SCOTUS, will rule that they did so in an acceptable way. I’m not dumb enough to try to predict that. Hell, given the status of the cases (see the story), we probably won’t even get an initial ruling in time for the next election. We’ll be able to see how the rulings go in other states first, as a consolation prize. Settle in, these things always take a lot of time.

Posted in Legal matters | Tagged , , , , , , , , , , , , , , | 2 Comments

I still don’t get how Mike Miles is going to do what he says

Let’s start with the big plans that appointed HISD Superintendent Mike Miles is touting.

Houston ISD Superintendent Mike Miles unveiled a dramatically expanded plan for the district at a Thursday board meeting, announcing 150 schools will see “wholesale systemic reform” by 2030.

The scope of Miles’ plan is much larger than the one he shared at the beginning of the month, when Texas Education Commissioner Mike Morath appointed him and nine new school board members to lead HISD as part of sweeping sanctions against the district. Miles initially said he will begin with major changes to 28 campuses this upcoming school year, nearly all of which are located on the city’s largely lower-income northeast side.

Miles’ plans for the 150 schools, equal to slightly more than half of HISD’s campuses, largely mirror those outlined in recent weeks for the 28 campuses. They include significantly raising teacher pay, restructuring the responsibilities of teachers to give them more time to focus on classroom instruction, and standardizing lesson plans and curricula. The campuses would see additional staff dedicated to more routine tasks, such as making copies and grading papers.

Principals, meanwhile, would be expected to spend more time in classrooms coaching teachers. Miles compared principals to football coaches, saying coaches don’t show up to practice every few weeks, but rather they’re constantly on the field giving instruction.

Miles also said he wants to decrease the number of students in pre-kindergarten classrooms to 15, beginning with the 28 schools and HISD’s eight early childhood centers.

Many community leaders, union officials and HISD families have opposed Miles’ proposals to date, arguing his system will place an overemphasis on standardized testing and cause unnecessary instability in the district.

[…]

Miles did not specify which campuses would be included in the 150 campuses beyond the 28 schools already announced, and he didn’t give a specific timeline for bringing campuses into the fold.

Miles also did not detail how he would pay for higher salaries and new positions, which could total hundreds of millions of dollars annually. He said teachers in the schools seeing wholesale changes, labeled as part of his “New Education System,” or NES, could eventually see average salaries of $90,000. First-year teachers were slated to earn $61,500 last school year, while those with 15 years of experience were expected to make $70,000, according to HISD’s salary schedule.

The superintendent said HISD can significantly boost teacher pay “if we work much more efficiently,” though he didn’t outline where the district is inefficient.

However, Miles did confirm earlier this month that he’s planning to reallocate $106.7 million budgeted by former HISD Superintendent Millard House II to fund his “Destination 2035” plan, which includes reshaping the 28 NES campuses.

Miles said he will pay for the added costs of the NES by slashing $50 million in vendor contracts; trimming $30 million from the central office, primarily through job cuts; and eliminating $25 million worth of positions supported by federal pandemic relief funds, which are expected to run out in September 2024. He said well-performing schools will keep the resources they currently have.

“I hope you can see already that NES isn’t about taking away,” Miles said. “NES is about getting more, and then we’re going to do as many of the schools as we can.”

The appointed HISD Board of Managers approved the budget at their Thursday meeting, a budget that Miles acknowledged in the story was “similar to that of the previous administration”. The question I have, which I have asked before, is how is the funding for all this going to work? How will it be sustainable? You can only slash the administrative overhead so much. Where does the rest of this come from? And sure, I get it, Miles has just gotten his feet on the ground and all, but he himself has been talking about how urgent this all is – and he’s right about that, the students don’t get any of the time that is spent trying to fix things back – and how he needs to get things changed right away. Well, that means you need to tell us how you’re actually going to accomplish that plan right away, too. If you can, that is. If it turns out you’re inventing this all on the fly, we need to know that, too.

It would be one thing to point at an established record of success and say we’re gonna do that so trust us. But the record is mixed at best, and doesn’t do anything to alleviate my concerns.

Already, the manner in which Miles has begun his new position in Houston is drawing comparisons with his short-lived stint in Dallas. Within a week of being appointed to lead Houston ISD, the largest school district in Texas, Miles announced an overhaul of certain campuses and a new program that will pay teachers more to work with students struggling academically, steps that resemble his approach during his last superintendent gig.

But while his management methods laid the foundation for some future success in Dallas ISD, they also left behind various scandals, caused veteran educators to leave the district and ultimately didn’t result in significant academic gains.

[…]

Miles’ plan for Houston ISD is similar to a program he started in Dallas before he resigned with two years left on his contract. That program, which launched after Miles resigned, gave teachers huge pay bonuses if they boosted standardized test scores in some of the campuses with the biggest needs. Some low-rated campuses saw improvements as part of the program, but scores fell again once funding dried up and teachers left because they weren’t getting paid the same.

Other school districts across the state implemented the program after its early success in Dallas.

Miles also was the driving force behind revamping the school district’s teacher evaluation system, which was used to calculate teacher pay based on a mix of test results, student feedback and performance rather than experience. Miles plans to implement a similar teacher evaluation system in Houston.

Dallas still uses this evaluation system but questions over equity have arisen as most of these high-qualified teachers were not going to the schools that needed them the most.

Similarly, lawmakers passed the Teacher Incentive Allotment program in 2019, which rewards teachers with salaries of up to six figures based on their students’ performance. About 13,000 teachers, or about 4% of the state’s educators, are currently part of the program.

In Dallas, the program received support from the majority of the board, including Morath, and from then-Mayor Mike Rawlings. But many teachers warned that they would leave the district if they received pay raises only based on tests taken once a year. Miles called his system the most rigorous in the U.S. at the time.

David DeMatthews, an associate professor of educational leadership and policy at the University of Texas at Austin who has followed Miles’ career, said that while he believes testing is important, he hopes Miles doesn’t solely focus on getting standardized test scores up as it could lead to another exodus of teachers at a time when Texas schools are struggling to find and retain teachers.

In Texas, students’ STAAR test results are used to score schools on how well they are educating children. Critics of the test say it is not a great indicator of how well a child knows a subject and that its high-stakes nature adds undue pressure to both test-takers and teachers.

“It’s not an effective management tool to say that test scores are going to be the driver of reforms,” DeMatthews said. “Test scores don’t predict all that much about what happens to students in the future.”

[…]

Under Miles’ leadership, Dallas ISD consistently met the standards set by the state’s accountability system but failed to show any significant gains in standardized test scores. In some subject areas, test scores decreased and never really came close to reaching state averages. The number of schools that were in good standing with the state also dropped, while the number of failing schools increased.

The turnover rate for teachers increased from 12% to 22% during Miles’ first two school years at Dallas.

“Miles’ approach created a ton of controversy in Dallas ISD and it did lead to an increased rate of teacher turnover relative to the rest of the state,” DeMatthews said. “Hopefully, he learned his lesson in Dallas.”

I skipped the recounting of the scandals, most of which are fairly small and garden-variety but which still seem quite ironic given that the known dysfunction of earlier versions of the HISD Board of Trustees was a part of the justification for the takeover. You should go and read the rest of the story for a feel of it. People do dumb things and sometimes minor mistakes can be blown out of proportion, I get that. But if you’re being brought in as a savior, it’s fair to give those things some scrutiny, and to expect that you’ll be holding yourself to a higher standard.

The stuff that I focused on in that story is exactly what is giving me pause about Miles’ big plans now. Putting aside the financial concerns, I think anything that depends on teacher behavior needs to be viewed through a lens that considers how challenging the last few years have been for teachers and how many of them have just gotten out of the education business. Teachers obviously care about how much they’re paid and will respond to economic incentives in the same way that anyone else will. But they also care about being treated with respect and dignity, and I think a lot of the recent trend in teacher employment is more about that than it is about dollars and cents. Some of that is on Greg Abbott and the Lege, but a lot of it is on Miles and HISD. And in the end, if the incentive pay goes away, then so does the incentive, as we saw in Dallas. We still need to know what that long term plan to pay for all this will be.

The thing is, even with my doubts, I do think Miles has correctly identified the core problem.

All of which was an eerie echo of a HISD school board meeting held 12 years ago when several members of that board told parents that the state recognizing their schools as “recognized” or “exemplary” based on state – not national – student testing was essentially meaningless. School district leaderships have a problem when they crow over their A and B rated schools one day and then turn around and say that’s not the only mark of success, or maybe even a good one.

It was February 2011, in a stormy board meeting with upset parents arguing vainly against the district adding their schools to the Apollo 20 turnaround program. They feared the stigma, they didn’t want the changes it would bring, and they didn’t understand how it all could have been happened especially since the state had given them high ratings and told them it was so important that the students do well on the Texas standardized tests.

These parents and community leaders had supported the pizza parties, the pep rallies, the constant testing because there was a real goal to be achieved: top marks with the state when their children aced what was then the TAKS (Texas Assessment of Knowledge and Skills) test — whose scores were a major factor in whether the schools were awarded an excellence rating.

But as Miles did Thursday night and as then board members explained 12 years ago, the data from the NAEP (National Assessment of Educational Progress) known as “the nation’s report card” shows Texas students and HISD kids in particular significantly behind the norm, especially at certain schools and especially among Black and Hispanic students. Their positions are similar: The state-anointed labels don’t matter; too many of these kids weren’t doing well.

“The TAKS test means less than it ever did,” then-trustee Harvin Moore said at the time. “It does represent something. Unfortunately it represents less and less with each passing year. And we’re fooling our schools, we’re fooling our teachers and we’re fooling our public if we continue to focus solely on the TAKS test.”

“TAKS is not a competitive test. You’ve been misled and misdirected if you think being recognized is okay. Recognized is not okay. TAKS has no rigor,” former trustee Lawrence Marshall lectured the room. So the board voted to invest huge funds in Apollo 20, the brainchild of then Superintendent Terry Grier. Apollo 20 was not only was not successful but fostered resentment at many of the district’s other schools that were not getting those extra funds. Gains after a year were not as expected and those made were not sustained.

Now Miles wants to put his own system starting with these NES schools, a system that also takes money away from elsewhere in the district for its funding. And while he wasn’t as harsh as those trustees of 12 years ago, in a briefing after the meeting, he said the A and B ratings were just one marker and shouldn’t be the final word on whether students are doing well at a school.

The issue is bigger than state test scores at some schools. The NAEP data isn’t good, not nearly as good as it should be, and it’s not just because of a few schools. Some high-performing schools have significant populations of underperforming students, though it’s not clear how that might be addressed, either. Not enough HISD students go to college, and of those not enough graduate. We really do need to do a lot better by our students, all of our students. It would be great if Mike Miles can make that happen, or at least get us started on that path. I’m just not sure he has the plan for it. He still needs to convince me of that. Going into detail about what he intends to do would help.

Posted in School days | Tagged , , , , , , , , , , , , , , , , | 18 Comments

COVID immunity update

Fascinating stuff.

Antibodies to SARS-CoV-2, the virus that causes COVID-19, were present in the blood of 96.4% of Americans over the age of 16 by September 2022. That’s according to a serosurvey – an analysis testing for the presence of these immune defense molecules – conducted on samples from blood donors.

A serosurvey like this one helps researchers estimate how many people have been exposed to any part of the coronavirus, whether via vaccination or infection. Both can trigger the generation of antibodies to SARS-CoV-2. And by identifying which kind of antibodies someone has in their blood, researchers can break down the 96.4% into different types of immunity: infection-derived, vaccine-derived and hybrid.

COVID-19 vaccines used in the United States are based on only one part of the virus – the spike, or S, protein. Researchers can tell that a person has been vaccinated and has not been infected if their blood has only anti-S antibodies that target that spike protein. If someone has anti-N antibodies, which target the virus’s nucleocapsid protein, it’s a sign that they’ve been infected by SARS-CoV-2. To reliably identify someone with hybrid immunity, a researcher would need to match someone who has anti-N antibodies to an official vaccination database.

[…]

Antibodies are not just a marker of previous infection; part of their job is to help prevent future infection with the same pathogen. So, serosurveys can be used to understand levels of immunity in the population.

For some diseases, like measles, immunity is essentially lifelong, and having antibodies means you are protected. However, for SARS-CoV-2 this is not the case, because the virus has continually evolved new variants that are able to reinfect people despite their antibodies.

Nevertheless, many studies have shown that individuals with hybrid immunity will be more protected against future infection and variants than those with vaccine- or infection-derived immunity alone. It may be useful to know the proportion of the population with single-source immunity in order to target certain groups with vaccination campaigns.

About half of the people who have some COVID antibodies in their blood had it from both sources, the vaccine and a prior infection. Slightly more of the remainder had been vaccinated but not infected than those that had been infected but not vaccinated. I don’t have a point to make here, I just thought this was worth sharing. And for those of you wondering when it might be time to get your next booster, Your Local Epidemiologist has some news for you.

Posted in Technology, science, and math | Tagged , , | Comments Off on COVID immunity update

Here are the Senate impeachment rules

Let’s go.

A crook any way you look

Suspended Attorney General Ken Paxton will answer to 16 of 20 articles of impeachment at a trial to begin Sept. 5, the Texas Senate said Wednesday night after spending about 20 hours drafting the trial rules in private.

Paxton’s wife, Sen. Angela Paxton, R-McKinney, can attend, but she will not participate in deliberations or closed sessions when the Senate sits as a court of impeachment, according to the trial rules adopted without discussion Wednesday on a 25-3 vote.

The three votes in opposition included Angela Paxton and Sens. Sarah Eckhardt, D-Austin, and Bob Hall, R-Edgewood.

The trial, which will be held in public, will begin with opening statements. Lawyers for the House impeachment managers will present evidence first, with cross-examination of witnesses allowed. Paxton’s lawyers will be allowed to present evidence and witnesses as well.

A list of witnesses, who under the rules can be compelled to appear, must be filed by Aug. 22 and made available to the opposing side.

Each article of impeachment will be voted on separately by senators. If an article is accepted by two-thirds of the present senators, it will be entered as a conviction. If it fails to reach two-thirds, it will be counted as an acquittal. If any article of impeachment is entered as a conviction, the House board of managers can ask for the judgment to disqualify Paxton from office, which would also require approval by two-thirds of the present senators.

A separate resolution, adopted 28-0, notified Paxton that he must appear in person in the Senate chamber “to answer the said charges of impeachment.”

After the votes, Lt. Gov. Dan Patrick, who presides over the Senate, told senators, their staff and others involved in the court of impeachment to refrain from discussing the merits of the case with others, including Paxton, his lawyers and lawyers for the House impeachment managers.

A separate rule prohibits senators from discussing the case with one another as well, he said.

“No member of the court, or the presiding officer of the court, shall advocate a position on the merits of the proceedings to other members of the court or the presiding officer of the court until such a time as deliberations shall begin,” Patrick said.

A major question settled by the Senate rules was the determination that Angela Paxton has a conflict of interest in her husband’s trial. She can sit in on the impeachment trial because the Texas Constitution requires all members to do so, but she will not be allowed to “vote on any matter, motion, or question, or participate in closed sessions or deliberations.”

The Trib story doesn’t address the question of whether Sen. Angela Paxton’s presence will be counted in the total number of Senators, which is important in that it affects the threshold to convict: If there are 31 Senators present, it takes 21 votes to convict, but if there are only 30 it takes 20 to convict. The Chron does discuss this.

Senators approved the rules on a 25-3 vote, with Angela Paxton among the trio of opposition votes. Her chief of staff did not immediately respond to a request for comment, though she appeared ready to vote in the trial, saying in a statement this week that “my constituents deserve it.”

Under the rules, Angela Paxton will be present for the trial but is otherwise barred from participating in private deliberations or voting on any matter. Her recusal does not appear to lower the threshold of 21 votes — two-thirds of the 31-member Senate — required to permanently remove Ken Paxton from office or disqualify him from holding future office.

The rules also specify that witnesses cannot be present to hear other witness testimony, potentially complicating things if Angela Paxton is called to testify.

Reform Austin came to the same conclusion. I don’t quite understand the point of this, since as this stands she may as well be allowed to cast the vote to acquit that we all know she intends to do. With or without her, there needs to be at least nine Republicans to convict.

I should note that the four counts that relate to the state securities fraud charges against Paxton were excluded from the trial – “put in abeyance” is the technical term. The Senate may deal with them later, or they could be dismissed by majority vote. I’m not too worked up about that, there are plenty of other charges and it’s the whistleblower stuff that led to all this anyway.

At least now we know where we stand, and when we can expect things to happen. The defense, the prosecutors, and Rep. Andrew Murr all seem to be fine with the rules, so there’s that. Sen. Sarah Eckhardt outlined her reasons for voting No to the rules in the Senate journal, with the concise reason that “the unprecedented ability of the defense to win a dismissal of an Article of Impeachment by a simple majority vote” is “most disturbing”. Impeachment trial lawyer Ross Garber and Trib reporter Patrick Svitek have their takes, and Socratic Gadfly and the Press have more.

UPDATE: Two more Trib stories, about how the Senate rules gave the impeachment managers most of what they wanted but still provided a boost for the defense.

Posted in Scandalized!, That's our Lege | Tagged , , , , , , , , , , , | 6 Comments