Endorsement watch: The Chron gets on the “no trust, no bond” train

Wow.

The students of HISD shouldn’t have to worry if traces of lead are seeping into the water, past the district’s jerry-rigged mitigation efforts. Or whether a troubled individual with a semi-automatic can slip past a lack of fencing and secure entry vestibules at hundreds of campuses.

We, the taxpayers who fund the state’s largest school district, should be willing to invest our hard-earned money to fix these things, and to build others — including more Pre-K classrooms and career and technology centers — for our young scholars who will someday become Houston’s workers and artists and parents and community organizers and political leaders.

We should pay it forward the way past generations did for us. In normal times, that’s how public education is supposed to work.

But these aren’t normal times. Voters are being asked to approve a $4.4 billion bond for HISD on the November ballot at a time when our school district is under state control, led by a state-appointed board of managers that replaced our democratically elected trustees and by a state-appointed superintendent who is wholly unaccountable to the community he serves.

From the beginning, this editorial board made it clear that, if the takeover had to happen, we wanted Superintendent Mike Miles to succeed. Kids’ futures at chronically failing campuses depended on it. We also implored Miles to build trust among teachers, parents and the general community.

At almost every turn, he failed to build that trust.

His conversion of libraries into study hall/detention centers was almost Dickensian in its austerity — and especially bad optics at a time when some Texas political leaders were vilifying librarians and banning books across the state.

Despite hopeful bumps in test scores last year, HISD is hemorrhaging students and staff, including veteran teachers and principals at higher-performing schools who’ve been abruptly fired or pushed out. Miles didn’t just fail to get teacher and parent buy-in on curriculum and scheduling changes, he often antagonized critics and dismissed their concerns as “whining” or “noise.”

The scope of the state takeover seems ever-oozing, with Miles’ rigid New Education System model now in 130 schools and essentially reaching every campus, since even non-NES principals are evaluated on how well their teachers perform Miles’ preferred teaching methods. (Think daily quizzes, timers and multiple response strategies.) He seems bent on fixing what isn’t broken, which isn’t only a waste of limited resources, it’s potentially harmful if attempts to bring up the floor at low-performing campuses leave the ceilings sagging at higher-performing schools.

At times, Miles has misled or reneged on promises, backtracking on some teacher bonuses, vowing no school closures and then unveiling a plan not to close but to “co-locate” 15 schools, preaching teacher effectiveness and then allowing 1 in every 5 HISD teachers to be uncertified.

The “high quality” curriculum Miles touted as the cornerstone of his HISD reforms was actually written in real time, included worksheets with stilted passages and flat-out errors, according to teachers. It became clear in our recent meeting with Miles that he didn’t know the name — “Prof Jim Inc.” — of the Artificial Intelligence software writing some of it.

From the get-go, Miles has been dogged by sloppy implementation, tone deaf communication and basic logistics flubs. It took weeks to get bus riders to school on time and the district is currently clawing back erroneous overpayments to some 4,000 teachers.

[…]

Our gut is to support kids, including the ones at HISD campuses that our own kids attend. HISD hasn’t floated a bond focused on elementary schools since 2007 and frankly, we’ve gone back and forth on this decision. We’ve watched as groups take sides: organized labor including the Houston Federation of Teachers, and both Democratic and Republican parties are against. The Greater Houston Partnership, Houston Food Bank and Children at Risk are among the supporters.

We were struck by a group of moms we met with, including early Miles allies, who explained why they couldn’t vote for the bond. One, whose child attends NES school Crockett Elementary, brought us a stack of worksheets, including those she says her son is forced to do in study hall after typically mastering class lessons early.

Another HISD parent, Tish Ochoa, said, “Many of us were appointed by the board of managers or by Miles” and “came into that room saying, ‘We do support you and we want this to succeed and we want to collaborate with you.’” But they felt that when they asked in-depth questions, they weren’t answered, and their public information requests were “held up and held up.”

As for us, when we studied the facts provided, scrubbed the plans, reviewed the history and talked with parents, teachers, elected officials and others who feel passionately on both sides, one question persisted:

If taxpayers give the Miles administration the power to spend $4.4 billion of our money — nearly $9 billion with interest over some 30 years — what power do we have to make sure it’s spent properly?

Answer: practically none.

That’s a long quote, but I assure you, the full editorial is a lot longer. They did not spare any words. I remain unconvinced that anything will make Mike Miles think he’s not on the right path and ought to consider changing how he operates, but I understand why people see this as their best way of trying to do that anyway.

I will refer you once again to my interviews with Plácido Gómez and Dani Hernandez for the HISD bond, and Ruth Kravetz of CVPE against the HISD bond. If you’re tired of me shilling for my own interviews on this topic, listen to Tuesday’s CityCast Houston, which features a debate between former HISD Trustee Judith Cruz, who is the co-chair of the bond’s community advisory committee, and HISD parent Traci Riley. One minor quibble: Cruz said at one point in regard to a question about the bond’s timing that the Board has preferred to have these elections during high turnout years. That would be true for 2012 and 2002, but very much not true for 2007, which was the lowest turnout election of this century until we started having odd years with no city of Houston activity. Not a big deal in the grand scheme of things but it was a record-scratch moment for me when I heard it, so I had to mention it here.

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Judicial Q&A: Justice Meg Poissant

(Note: As I have done in past elections, I am continuing the series of Q&As for judicial candidates in contested November elections. I am running these responses in the order that I receive them from the candidates. Much more information about Democratic candidates who are on the ballot in Harris County, including links to the interviews and judicial Q&As done for March and for November, can be found on Erik Manning’s spreadsheet.

Justice Meg Poissant

1. Who are you and in which court do you preside?

My name is Margaret “Meg” Poissant, and I am a Justice on the 14th Court of Appeals, Place 8.

2. What kind of cases does this court hear?

Our court reviews both civil and criminal appeals — except for post-conviction writs of habeas corpus and death-penalty cases — in a 10-county region. The region includes Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Waller, and Washington counties.

3. What have been your main accomplishments during your time on this bench?

Our court has met the standards provided by the legislature for the number of cases issued since being elected to the Court of Appeals in 2018. I understand the importance of a swift and fair resolution of appeals and am always aware of the importance of a well-reasoned and timely opinion, and if re-elected, will continue to adhere to these practices. During my tenure, I have made important decisions regarding parental terminations and premises liability cases, and have issued opinions in cases of first impression. I serve as chair of the Appellate Representation Committee for the Child Protection Section of the State Bar of Texas, which seeks to improve the quality and accessibility to the public of appellate counsel, served as a member of TDIC’s legislative work group, contributed to and am a member of the National Association of Women Judges diversity, equality, and inclusion committee, am a sustaining member of the Texas Bar Foundation and a Houston Bar Association Fellow, and a member of TACTAS, which advances the standards of the legal profession in civil and appellate law. I mentor young lawyers and participate in our Rice and law school intern programs.

4. What do you hope to accomplish in your courtroom going forward?

The Court of Appeals has an accessible and transparent court process for all, which includes our court website with information for lawyers and pro bono appellants, and the accessibility of all oral arguments on YouTube. However, access can still be improved. Enhancing legal aid resources, supporting pro-bono initiatives, mentoring new attorneys and those who want to enter the legal profession, and ensuring our courts are user-friendly, especially for those without legal representation, are continuous goals. We must also focus on outreach and education to ensure the justice system is accessible and equitable for all.

5. Why is this race important?

The Court of Appeals is often the last opportunity for parties to obtain justice or reverse a decision that is unjust or wrongly decided in a lower court. We hear appeals from ten counties; our decision is often the final decision in regard to anyone seeking fairness and equity because the Texas Supreme Court and the Court of Criminal appeals hear a limited number of cases.

6. Why should people vote for you in November?

I have served on the appellate bench for almost 6 years. Prior to my tenure as an appellate Justice, I practiced law for more than 30 years representing clients on both sides of the docket in civil law and criminal defense, in all areas of the law. Appellate justices decide appeals in all areas of the law, which makes me uniquely suited for this position. I believe public service is essential to maintaining a fair justice system, and I will always be committed to ensuring Texans receive equal justice.

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Paxton lawsuit against Travis County over voter registration returned to state court

Is this even still germane?

Still the only voter ID anyone should need

A federal court on Thursday returned a lawsuit to state court that Texas Attorney General Ken Paxton had filed against Travis County over an effort to register voters before the November election.

The federal court found that it did not have jurisdiction over the issue, as Travis County officials had argued, and it granted Paxton’s request that the lawsuit be returned to state court.

The decision is the latest development in a bitter pre-election brawl between Republican state officials and Democratic county leaders. Republican leaders have maintained that they are trying to keep the state’s voter rolls secure ahead of a charged election, while Democrats, county officials and nonprofit groups have accused them of stoking baseless fears to suppress Democratic votes and to cast doubt on the election results.

Here’s what you need to know.

The background: In a bid to boost voter registrations, Travis County commissioners hired Civic Government Solutions in August to identify eligible voters living in the county who were not registered to vote. Travis County, a Democratic stronghold, includes Austin.

Paxton sued Travis County officials on Sept. 5, arguing that the effort violated state law and claiming that it would register non-citizens who are ineligible to vote. He sought an emergency order to block the effort. The Travis County Court denied his request on Sept. 16.

The next day, Travis County officials moved the suit to federal court, arguing that the voter outreach program was protected by the federal National Voter Registration Act, and that Paxton’s attempt to stop it was a violation of that law. County officials also sued Paxton for the same reason in a separate lawsuit in federal court.

Thursday’s decision said that the National Voter Registration Act was meant to be applied in tandem with state law, and that Travis County officials failed to show that the issue fell under the federal court’s jurisdiction.

[…]

In a separate, federal lawsuit filed on Sept. 17, Travis County officials accused Paxton and Texas Secretary of State Jane Nelson of violating the federal Voting Rights Act by trying to prevent them from carrying out their duty to promote people’s right to vote. They accused Nelson of doing nothing to stop Paxton’s alleged conduct, and they argued that federal law not only allows them to send out the voter registration applications, but encourages them to do so.

See here and here for the background. As we know, Paxton had filed a similar lawsuit against Bexar County but lost on an own goal when his office took so long filing the paperwork that Bexar County had already gone ahead with the registration forms by then, thus mooting the lawsuit. We’re past the voting registration deadline, so I’m not sure what is actually at stake here. I didn’t see any other stories in a Google news search, so this is all I know. Any lawyers who’d care to comment on that, I welcome your input.

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New Sports Authority CEO

Not sure what to make of this.

The Harris County-Houston Sports Authority on Friday fired CEO Janis Burke after 18 years with the organization, a high-profile termination that came hours after Mayor John Whitmire and Houston’s sports executives gathered at City Hall calling for new leadership at the agency.

The board authorized Burke to begin negotiating a settlement with its Houston law firm. The board also voted to let board chair J. Kent Friedman appoint a temporary CEO, though they did not name Burke’s replacement.

In a statement, the board thanked Burke for her “exceptional and groundbreaking” run as CEO.

“Over her time, she has worked diligently and tirelessly not just to improve our world-class facilities but to make Houston and Harris County destinations for a wide range of marquee and international sporting events, creating over $2 billion of economic activity for this community,” Friedman wrote. “Her efforts have elevated the state of our region to heights it has never been in the sports industry.”

Whitmire said in recent months, leaders of multiple Houston sports franchises as well as city and county government officials approached him and expressed frustration at the sports authority’s lack of transparency and communication. The mayor said the timing was imperative amid Houston’s preparations to host seven games of the 2026 FIFA World Cup.

“We want to show our people and our energy, our diversity, and how great a city we are, but we can only do that if we get the sports authority single focused on working with these organizations and FIFA,” Whitmire said. “I’m not trying to point the blame to anyone. I’m just saying, we have an opportunity to right the ship.”

While Whitmire addressed aging facilities, there were no details given on what communication issues had led to the call for change in leadership.

Burke, who attended Friday’s meeting, defended her tenure after the board voted unanimously to part ways.

“From my perspective, we’ve always been an open book and collaborated wherever possible, so those comments came as a bit of a surprise,” Burke said via text message on Saturday. “Our office was always happy to share anything asked for as long as we had it. … With that said, I’ve had a great run and will always be grateful for the 18 wonderful years I’ve enjoyed at the Sports Authority.”

Among the individuals who stood behind Whitmire on Friday were: Gretchen Sheirr, Houston Rockets president of business operations; Jess O’Neill, Houston Dynamo & Dash president of business operations; Anita Sehgal, Houston Astros senior vice president of marketing and communications; Ryan Walsh, CEO of the Harris County Sports & Convention Corporation, which manages NRG Park; and Council Member Twila Carter, who formerly served as the executive director of the Astros Foundation.

[…]

“I want to thank the sports authority administrators for their public service, but we come together today to say we can do better. We must do better,” Whitmire said before Burke’s firing. “We have to get ready all hands on deck for the World Cup, and in the meantime, we will address the concerns of these individual franchises, not to mention the rodeo. Rodeo has been talking to me for months. We have to do better with our facilities. They’re outdated, outgrown. We’re having difficulty dealing with the sports authority and open lines of communication.”

Commissioner Adrian Garcia, who also attended Friday’s news conference, said that it was time for a fresh face at the organization.

“It’s absolutely imperative that we have new leadership at the sports authority,” he said.

Chris Canetti, president of the Houston World Cup committee, said at an event held earlier Friday morning that he does not believe the potential changes at the sports authority will affect preparations for the World Cup.

“I expect everything to be status quo,” Canetti said. “I’m leading the host committee and have been doing that over the course of the last six years now, almost. So I anticipate things moving forward in the same exact way that we’ve been doing. And we’ve been doing great work and making a lot of progress. So we’re on a good path right now.”

Mayor Whitmire has made a lot of changes to agency heads and the like, and for the most part I haven’t commented on them. Like the choices or not, this is normal business for a new mayor, and there’s not much to say. In this case, I’m genuinely curious what caused all of those stakeholders to support the change. It could be that there were real problems, and it could be that they just wanted someone who was, shall we say, more solicitous to their interests. If this is just about making a change from a longtime person in charge, I have to agree with Campos that the same logic could be applied to board chair Kent Friedman as well. Maybe in the way of “you fire the coach because you can’t fire the whole team” it was just easier to can the CEO. I dunno, but as I said, I’m curious. I hope that there’s some chatter about this now so perhaps the real story, if there is one other than “Whitmire just felt like it”, comes out.

Later on Monday, we got this.

The Harris-County Houston Sports Authority has named Chris Canetti to be its interim CEO, the organization announced Monday.

The announcement comes days after the agency’s board of directors unanimously fired longtime CEO Janis Burke, who had come under fire by the city’s sports executives and Mayor John Whitmire for concerns over transparency and facility maintenance.

Canetti currently serves as president of the city’s FIFA World Cup 26 host committee, and will hold the position as he takes over the sports authority in the interim. Canetti was also president of the city’s World Cup bid committee and was president of the Houston Dynamo for eight years.

“Chris has a proven track record of success here in Houston,” board chair J. Kent Friedman wrote in a statement. “We know that with his experience he will help guide the organization and ensure that all obligations and responsibilities are met during this period of transition.”

I suppose given what’s on the local sports calendar for the next two years this makes sense. I have no quibble with it. I just remain curious about what really happened.

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Interview with Laurel Swift

Laurel Swift

We know that in our post-redistricting world there aren’t many legislative districts that are truly competitive, but sometimes opportunities arise where you hadn’t expected them. HD121, the San Antonio district that was once represented by Speaker Joe Straus, is nominally a very purple place (50.4 to 48.1 for Trump over Biden in 2020) but it was represented by the Straus-like Rep. Steve Allison, who ran ahead of the baseline numbers. But this year Allison was ousted by a wingnut in Greg Abbott’s crusade against anti-voucher Republicans, and that changed the calculus and put this district on the map. Laurel Jordan Swift is the Democrat who aims to flip it. Swift is a San Antonio native and mother of five who got a bachelor’s in biology from UTSA and now works as a medical device salesperson. She’s been a strong fundraiser and has been endorsed by the Express News and outgoing Rep. Allison himself. Here’s the interview:

I’ve just got one more interview to go at this point, with Sheriff Ed Gonzalez; it will run next week. I’ve reached out to some other legislative candidates but haven’t been able to get anything scheduled as yet. If that changes, I’ll run those interviews at the first opportunity. I’ve got more judicial Q&As to run as well. As always, please give me your feedback.

PREVIOUSLY:

Erica Lee Carter, CD18 special election
Sylvester Turner, CD18 general election
Lindsay London, Amarillo Reproductive Freedom Alliance
Plácido Gómez and Dani Hernandez, for the HISD bond
Ruth Kravetz of CVPE, against the HISD bond.
Katie Shumway, League of Women Voters Houston
Teneshia Hudspeth, Harris County Clerk
Katherine Culbert, Texas Railroad Commission
Rhonda Hart, CD14

Posted in Election 2024 | Tagged , , , , , | 1 Comment

On longshot candidates

The Chron looks at candidates running in districts they are highly unlikely to win. I have a few thoughts.

Kristin Hook

In the 2022 election, a Houston Chronicle analysis found only about 5% of Texans lived in districts with competitive races for the U.S. House, Texas House or Texas Senate that were decided by a margin of seven percentage points or less.

Before the latest round of redistricting, 20 of the state’s 150 state House seats were competitive, the analysis found. After the maps changed, there are now only three. None of the state’s 38 congressional races are now considered competitive and just one state Senate race was close in 2022.

Election experts say that Texas’ political maps, especially the Congressional districts, are among the most gerrymandered in the nation. And it means most of the state and federal races on the ballot in Texas offer voters a choice only on paper.

The lack of competition can make it a tough sell to get candidates to run in districts where they face such long odds; campaigns are hard work, involving long hours and sometimes awkward solicitations for money or support.

[…]

Kristin Hook, a Democrat running in the Hill County, is counting on the district’s booming population to lean left, as people move there from Austin and San Antonio because of rising housing costs.

She block walks every week night for up to four hours in the district she’s hoping to win over from U.S. Rep. Chip Roy, a second-term Republican.

On a cloudy September evening, Hook knocked on doors at a tidy garden-style apartment complex in San Antonio’s Alamo Heights. She started each conversation by asking: “What issues matter most to you this election year?”

“Probably abortion for sure, that’s the one I’m worried about,” said Rylie Williams, 21. Williams was on FaceTime with her mom when she met Hook; her mom chimed in, yelling “Vote Democrat!” through the phone speaker.

“I’m your daughter’s future congresswoman and I’m here to restore our reproductive rights,” Hook says. “I’m actually a reproductive biologist.”

Hook, who has a Ph.D. in animal science and worked for U.S. Sen. Elizabeth Warren and at the National Institutes of Health in D.C., moved back to Texas a few months before the fall of Roe vs. Wade.

At a protest at the state Capitol, Hook bumped into Cecile Richards, the former president of Planned Parenthood, who thanked her for moving back to Texas. “So I thought, how can I be of help?” Hook recalled.

She faces long odds against Roy, a conservative known for his hardline stance on reducing federal spending and securing the border. In 2020, former state senator and Democratic gubernatorial candidate Wendy Davis raised $13 million in her campaign against Roy and lost by nearly 7 points. Two years later, after redistricting , Roy’s Democratic challenger lost by more than 25 points.

So far, Hook has raised only $355,000 to Roy’s $2.2 million. Roy didn’t respond to an interview request.

“I know that the odds are stacked against me,” Hook said. “But I also know that our district has changed a lot.”

Hook’s campaign haul so far is actually pretty impressive, regardless of how it stacks up to Roy’s amassed cash. CD21 is not going to flip, but she has the resources to run a legitimate campaign and generate some turnout, perhaps doing well enough to put CD21 on the map for 2026 or 2028. I sent an email to her campaign to ask for an interview, but haven’t heard back.

There is an objective reason to want to have candidates like Hook in other districts. Mother Jones spells it out.

Last May, Cathy Kott, a resident of rural north Georgia, received a text from an unknown number. “We’re looking for Democrats who would be willing to run against State Representative Jason Ridley,” the message read. “If you’re interested or know anybody who is, call me.”

The sender was Bob Herndon, a longtime political operative in Georgia. Herndon had been involved in recruiting Democrats to run for office for years—efforts he says were often chaotic and generally too little, too late.

Herndon decided to do something about it after the 2020 elections, when President Joe Biden won Georgia by the slimmest of margins and the state sent two Democratic senators to Washington—and Herndon realized that Democrats running unwinnable local races could help the party in higher-profile contests. It’s a theory called ‘reverse coattails’—rather than the top of the ticket driving turnout, local races help bring voters to the polls, to the benefit of the presidential nominee or statewide candidates.

There’s data to back up the strategy. Run for Something, a national organization which supports grassroots progressive candidates, analyzed precinct-level election returns in eight states and found that President Joe Biden did better in 2020 in conservative districts where a local Democrat was running than in districts where a Republican ran unopposed. The difference was small—a boost of .4 to 2.3 percent—but in tight races, accumulated statewide across a range of districts, that amount could make the difference. The report singled out Georgia as a place where such long shot campaigns in rural red areas might have put Biden over the top.

Herndon saw the study when it came out in 2021 and took note, and last spring, he and a friend, Pam Woodley, took it upon themselves to recruit candidates with help from Peach Power PAC, a group where both were then-board members that also supports down ballot Georgia Democrats. The most effective method of outreach, they found, was sending texts. Thousands of them, to lists of likely Democratic voters living in districts where the Republican state House representative would otherwise go unchallenged. It was a recruitment operation of “brute force,” Herndon recalls.

“It’s hard to talk people into running,” Herndon says. “Why should you run in a race that you’re not going to win? And you’re not going to get any support. People aren’t going to give you money.” In conversations with potential candidates, he gave them three reasons: Give Democrats in red districts someone to vote for, force Republicans to spend money on these races, and earn enough extra votes to tip the state for Democrats at the top of the ticket.

“They are making a huge sacrifice for Democrats in Georgia,” Woodley explains, even if some of their recruited candidates are having fun. “All they are getting out of it is they are bringing more Democrats to the polls.”

I’ve long been an advocate for running candidates in as many districts as one can, but I’ve also come to believe that it’s not that simple. Not all candidates are net positives, and it’s not clear to me that a placeholder adds any value. While it’s true that running an even semi-viable candidate does force the other guys to spend resources in that district, their doing so helps their side’s turnout, too. Your candidate has to be good enough and to do enough to offset that.

Ideally, state and local parties would be able to recruit candidates who understand the assignment and can do their part. We need to be honest about this and admit that running for office is hard, it takes a ton of time and effort, and if you’ve never done it before you’ve got a lot of things you need to do and not a lot of resources to do them with. It would also be ideal if state and local parties can offer some assistance to these candidates who are there to move the needle more than anything else. Training and steering volunteers their way is a good start, but helping them raise money so they can do basic things like rent an office and print some doorhangers and maybe run some online or radio ads would mean a lot. I look at the campaign finance reports for Dems in the districts that could be considered competitive and I wince, thinking about how much missed opportunity there is.

To be clear, I think the Georgia model is a good one to follow. I think there are ways of doing it well, and that involves both identifying the priority districts and getting the best possible candidates into them, and then supporting the candidates at some base level to ensure they’re doing as well as possible and it will be reasonably enticing for someone else to take up that same mantle in the next election. I think we can do that here, but it’s going to take some investment and a lot of work.

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A further clipping of Paxton’s wings

This could be big.

Still a crook any way you look

A federal magistrate judge has struck down a 100-plus year old Texas statute authorizing the state’s attorney general to investigate certain businesses and organizations for violating state laws.

Judge Mark Lane of the Western District of Texas said his decision “wasn’t that hard” because Texas’ Request to Examine statute doesn’t expressly allow a served party to pursue pre-compliance judicial review before producing requested records.

Lane announced the decision at the end of a hearing Friday, siding with Spirit AeroSystems, Inc., a Kansas-based manufacturer for Boeing 737 jets that the state is investigating for alleged misrepresentations about its parts.

The order weakens the investigatory ability of Texas Attorney General Ken Paxton (R) and raises questions about a case pending before the Texas Supreme Court in which Paxton’s office is investigating an organization serving the migrant community. That case, which involves the El Paso nonprofit Annunciation House, is set for oral arguments in January. As of Friday the state statute that Texas used to serve the agency is unconstitutional.

Lane said the Request to Examine statute was written for another time, and that recently it has been “frankensteined” by Paxton’s office to include exceptions that don’t appear in the law. The law requires immediate production of requested records, leaving a served party no chance to seek pre-compliance judicial review. The US Supreme Court ruled in 2015 that a served party is entitled to a court’s review in Los Angeles v. Patel.

Texas tried to work around the high court’s decision by offering Spirit 20 days to turn over records, Lane said. But the statute makes no mention of such a grace period, and there’s no telling if Paxton or a future attorney general will enforce the law as written and demand immediate access, he said.

“I’m a literal guy—black and white,” Lane said. “This call for me is easy.”

[…]

Speaking specifically of the Spirit investigation, Lane called it “very aggressive” and “an enormous reach” because the manufacturer has a minimal presence in Texas with just one small facility and about 100 employees.

But Lane announced early on that he would consider only a challenge to the law, and not specifically how it applies to Spirit.

Paxton’s request to Spirit sought documents related to a federal securities fraud class action filed against the parts manufacturer in New York. It also sought documents related to DEI hiring practices.

What makes this a potential big deal is that Paxton has been using this law in his ongoing harassment campaign against immigrantion-focused nonprofits. The Trib explains.

It is unclear how Friday’s ruling might affect cases in which Paxton’s office has used requests to examine that remain unresolved in state courts.

“The office of the Attorney General does not have arbitrary power under an administrative government regulation to demand unfettered access to search and seize property of any business in Texas,” said Kristin Etter, director of policy and legal service at Texas Immigration Law Council, an organization aimed at protecting the rights of Texas immigrants and refugees. “This is textbook 4th Amendment jurisprudence that protects us all from unreasonable searches and seizures.”

The consumer protection division of the Attorney General’s Office has increased its scrutiny of nonprofits whose missions are largely in opposition to Paxton’s politics, an investigation by The Texas Tribune and ProPublica found. Requests to examine are just one of several legal mechanisms he’s used to pursue those investigations.

A request to examine is a broad tool that is rooted in the authority the state’s constitution of 1876 gave the attorney general over private corporations, according to University of Texas at Austin School of Law adjunct professor Randy Erben, who spoke to ProPublica and the Tribune last spring.

“This is something that goes way, way back to the origins of our Constitution and the basic distrust of private corporations when they wrote that document following Reconstruction,” Erben said.

It’s part of the state’s business and organizations code, applicable to any entity that files incorporation documents within the state. That includes for-profit corporations, like Spirit AeroSystems, and nonprofits.

In late 2022, Paxton’s office sent three separate requests to examine to organizations that had received funding from the Texas Bar Foundation. U.S. Rep. Troy Nehls, R-Richmond, had alleged the foundation was donating to entities that encourage and fund illegal immigration.

The following spring, amid a legislative fight over gender-affirming treatment for minors, Paxton sent requests to two hospitals –– Dell Children’s Medical Center in Austin and Texas Children’s Hospital in Houston — requesting a range of documents related to such care.

The treatment was still technically legal when the office sent the letters in April and May, respectively, but state lawmakers passed a ban the same week Paxton launched his investigation of Texas Children’s Hospital. In anticipation of the law going into effect, the hospital told employees it would discontinue certain gender-affirming treatments.

In perhaps the most well-known case of its kind, Paxton’s office hand-delivered a request to examine El Paso-based Annunciation House, a nonprofit that’s served immigrants and refugees seeking shelter for decades. Paxton accused the migrant shelter network of violating state laws prohibiting human smuggling and operating a stash house.

Typically, these types of letters are mailed and organizations are given a period of days or weeks to respond. In this case, the attorney general initially wanted immediate access to Annunciation House’s documents, including all logs identifying immigrants who received services at Annunciation House going back more than two years. The attorney general later agreed to give the organization an additional day to respond.

Following a legal dispute, a state judge in July denied Paxton’s efforts to shut down Annunciation House.

However, Paxton appealed directly to the state’s all-Republican Supreme Court, which is scheduled to hear arguments in the case early next year.

The Supreme Court could certainly interpret the federal judge’s ruling in a way that still allows Paxton to do the things that he loves to do. But it’s at least possible that they’ll cop to some restrictions on him. I sure hope they do.

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Weekend link dump for October 13

“DHS Warns Every Level Of Election Admin Could Be Targeted By Domestic Extremists Next Month”.

“So, as with much of the Trump political experiment, they could be playing 4D chess—or are just grifting in every way they can.”

“Not trying to create a pile-on here. But let’s talk about why something might still be made in unethical conditions even though it bears a “made in USA” tag.”

“Neo-Nazi Telegram Users Panic Amid Crackdown and Arrest of Alleged Leaders of Online Extremist Group”.

“The next time you download an app or tick “Agree” on a website pop-up, consider reviewing the arbitration terms and where else they may apply. You could be signing away your right to a trial for good.”

“Reality Series About Kansas City Chiefs’ Wives & Girlfriends Swiftly In The Works At Bravo”.

The toxic fandom problem and the somewhat ridiculous lengths that studios are going to mitigate it.

RIP, Christopher Ciccone, artist, choreographer, brother of Madonna.

The five types of people who spread conspiracy theories that they themselves don’t believe.

“Ironically, we cannot show Climate Central’s “Climate Shift Index: Ocean” for Milton, showing how much more likely climate change made the record-warm ocean temperatures possible – because the data for that product comes from NOAA NCEI facility in Asheville, North Carolina, which was severely affected by record flooding spawned by Hurricane Helene two weeks ago.”

“This story from Matthew’s Gospel is a Jesus story and, as we’ve noted here before, in a Jesus story, you never want to be the person asking “Who is my neighbor?””

RIP, Cissy Houston, Grammy-winning soul singer and the mother of the late Whitney Houston.

RIP, Luis Tiant, aka “El Tiante”, charismatic Cuban-born pitcher mostly for the Red Sox. I’d forgotten that his father had been a star pitcher in the Negro Leagues. I say this as a lifelong Yankees fan, Tiant was one of the most fun pitchers to watch that ever played. Watch a highlight reel from the 1975 World Series to see what I mean.

The State of Florida and its two-bit despot wannabe Governor are resorting to extreme and desperate measures to prevent the pro-abortion Amendment 4 from passing.

“What I didn’t anticipate was Bluey being assailed for its content. That argument, in my mind, could only be made in bad faith. Enter the writers at Glenn Beck’s media conglomerate, Blaze Media. A writer for that site recently published a piece about how Bluey is bad because it presents a loving father. I’m not making that up.”

“Then, a week ago, Trump backed out. The campaign offered shifting explanations. First, a complaint that we would fact check the interview. We fact check every story. Later, Trump said he needed an apology for his interview in 2020. Trump claims correspondent Leslie Stahl said in that interview that Hunter Biden’s controversial laptop came from Russia. She never said that.”

“Thousands of copies of Donald Trump’s “God Bless the USA” Bible were printed in a country that the former president has repeatedly accused of stealing American jobs and engaging in unfair trade practices — China.”

RIP, Ethel Kennedy, matriarch of the Kennedy family, human rights activist, and, unfortunately, mother of the brain worm guy. She also had a connection to Taylor Swift that I hadn’t known until now.

“Elon Musk received criticism this week after it was discovered that his offer of “free” Starlink internet to victims of Hurricane Helene requires a hardware payment of $400 and automatically signs up claimants to a $120 per month plan.” What a guy.

Honestly, I’m rooting for Rome, just for the sheer chaos value.

“The Chippendales Dancers are unionizing with Actors’ Equity Association to ensure their wages and working conditions are held to the same world-class standard they’re famous for delivering on stage.”

“So if you’re wondering why practically everybody is either friendly or at least not hostile to crypto these days, this is it. They’re facing too big a war chest to risk saying anything directly about regulating crypto.”

“Helene — and now Milton — will impact voting for some Americans. Here’s what election workers are doing about it.”

RIP, Texas Anderson, Houston-born archaeologist and real estate agent, mother of filmmaker Wes Anderson. Her full name was Dr. Texas Anne Burroughs Anderson, and that is now somewhere in the top 10 of my all time favorite names.

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DACA at the Fifth Circuit

A big week for that terrible court.

On Thursday the Fifth Circuit Court of Appeals heard oral arguments in a case to determine the future of “Dreamers” who came to the country as children, including an estimated 27,000 Houstonians.

The hearing is the latest step in a six-year legal saga challenging the Deferred Action for Childhood Arrivals (DACA) program. Texas and eight other states sued the federal government in 2018 to end DACA based on the alleged financial burden to the state.

DACA recipients and immigrant advocate groups gathered outside the New Orleans courthouse Thursday to follow the legal battle that could strip 528,000 people of their work permit and protections from deportation. With the fourth-largest DACA population in the country according to United States Citizenship and Immigration Services, Houston is one of the cities most impacted.

Lawyers for the U.S. Department of Justice, Mexican American Legal Defense and Educational Fund (MALDEF), and the State of New Jersey defended the program against the State of Texas. Judges heard arguments about the legal standing of Texas to challenge a federal policy, validity of arguments of financial harm, and the possibility of striking down some but not all parts of the program.

Lawyers for the Department of Justice questioned Texas’ standing to challenge a federal policy, arguing that past precedent has limited states’ ability to do so. New Jersey cited the positive impact of DACA on its state and challenged Texas’ ability to determine whether a nationwide program should continue.

MALDEF questioned Texas’ statistics on education and health care expenditures to prove financial burden. DACA recipients have aged out of the K-12 education system. Work permits increase their access to health insurance, a lawyer said.

The State of Texas maintained its legal standing to challenge the program, citing its successful case against the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program.

Judges Jerry E. Smith, appointed by former President Ronald Reagan, Edith Brown Clement, appointed by former president George W. Bush, and Stephen A. Higginson, appointed by former President Barack Obama, presided over the hearing.

[…]

Despite the legal challenge, DACA is one of the immigration programs that maintains strong public support. More than 80 percent of people believe that immigrants brought to the U.S. as children should have a pathway to citizenship, even as overall support for immigration is declining, according to a June 2024 Gallup poll.

The awful district court ruling that put DACA in jeopardy was issued in July 2021, so this has been a long time coming. I don’t know what will happen here except to say that the eventual ruling will be appealed to SCOTUS. I’d support that bipartisan immigration bill from this session that was otherwise all stick and no carrot if it included a provision to enshrine DACA. Maybe under a President Harris that could happen. In the meantime, we wait once again on the Fifth Circuit. Law Dork, Texas Public Radio, and the Associated Press have more.

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

More of the omnibus voter suppression bill blocked

Better (very) late than never.

Certain provisions of Texas’ sweeping 2021 voting law that restrict voter assistance violate the federal Voting Rights Act and cannot be enforced, a federal judge in Texas ruled Friday.

Among the rules struck down by U.S. District Judge Xavier Rodriguez was a ban on compensation for anyone who assists a voter and a requirement for anyone who assists a voter to sign an oath under penalty of perjury that the voter qualifies to receive help.

Rodriguez also blocked provisions that require assisters to make certain disclosures about their relationship to the voter they are helping and a provision that restricts voter assistance given during door-to-door voter outreach operations.

Rodriguez based his decision on the section of the 1965 federal Voting Rights Act that guarantees voters with disabilities or literacy limitations the right to receive assistance from whoever they choose.

“This ruling will be most impactful for voters with disabilities, voters who have limited English proficiency, voters with literacy issues and the people who assist them,” said Sean Morales-Doyle, voting rights program director at the Brennan Center for Justice.

Although the judge has blocked any type of prosecution under these provisions, the rules and instructions on forms about requiring voter assisters from signing an oath are technically still in place for the upcoming Nov. 5 presidential election, because it is too close to the election to change the forms themselves.

[…]

In his Friday ruling, Rodriguez laid out a few scenarios that would put voters at risk under the law’s voter assistance provisions:

“A man helps his blind wife of 20 years cast her ballot at the polls without first securing a representation from her that she is ‘eligible for assistance.’ Even if he completes her ballot according to her exact instructions, he faces up to two years in prison and a fine of up to $10,000,” he noted.

“While meeting with a client about his tax return, a staff member for a community organization that provides free income tax services agrees to help translate the man’s mail-in ballot,” Rodriguez wrote. “The client fills out his own ballot, with accurate translation assistance from the staff member. Even though the ballot reflects the client’s wishes, the staff member faces up to two years in prison, she and her employer may be fined up to $10,000, and the client’s ballot may not be counted.”

The two-month trial began in September 2023. Lawyers later presented closing arguments in February 2024.

Plaintiffs challenged dozens of provisions, including a ban on 24-hour and drive-through voting; a prohibition stopping election officials from distributing mail-in ballot applications to voters who did not request them and provisions that expand poll watchers’ access, among others. Rodriguez has yet to rule on the remainder of those. Phase two of the trial, over whether the law’s intent was to discriminate against voters of color, is still making its way through the courts, which won’t begin until Rodriguez rules on all the remaining challenges to the provisions of the law in its current phase.

This is the same lawsuit on which Judge Rodriguez had ruled that the vote harvesting provision was illegal about two weeks ago. As you can see, there’s still a lot more of this to be decided on, and then there will be the appeals. The timeline is still in years, not months. But so far so good, even if the benefits will have to wait until the next election. A copy of the ruling is here and Democracy Docket has more.

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

“Wrongful death” anti-abortion lawsuit dropped

Good.

A Texas man who sued three women for allegedly helping his ex-wife obtain a medication abortion, one of the first and most explosive lawsuits after Texas began banning the procedure, has dropped his claims, according to defendants.

The wrongful death case, which had the potential to open up new avenues to target those accused of “aiding or abetting” abortions, was set for trial on Monday in Galveston County.

Elizabeth Myers, who represented defendants Jackie Noyola and Amy Carpenter, declined to specify the terms of the dismissal. Noyola and Carpenter, in their first public statements on the case in two years, called the claims “meritless” and said they had simply been trying to help free their friend from an abusive relationship.

“While we are grateful that this fraudulent case is finally over, we are angry for ourselves and others who have been terrorized for the simple act of supporting a friend who is facing abuse,” Noyola said. “No one should ever have to fear punishment, criminalization, or a lengthy court battle for helping someone they care about.”

[…]

In the complaint, Silva said he learned that his ex-wife terminated the pregnancy after the Supreme Court overturned Roe v. Wade and Texas’ abortion ban went into effect. Silva accused the three women of helping her obtain abortion pills and convincing her to conceal their “murderous actions” from him.

Silva and his wife divorced in February 2023 and have two other children, according to the suit. He was seeking more than $1 million in damages. The suit was not filed under Senate Bill 8, Mitchell’s brainchild, which allows private citizens to sue those who aid and abet an abortion for at least $10,000, but rather alleged a wrongful death of his child.

Two of the women targeted by the lawsuit later countersued Silva, claiming he was a “serial emotional abuser” who was seeking revenge on his ex-wife’s friends for helping her escape a toxic relationship. They claimed Silva broke the law by searching the ex-wife’s phone without her consent and accessing her text messages with them.

They argued Silva knew about the abortion from those messages and from finding an abortion pill when secretly rifling through her purse but did not bring it up to her until two weeks later.

“He wasn’t interested in stopping her from terminating a possible pregnancy,” their lawyers wrote in the filing. “Instead, he wanted to obtain evidence he could use against her if she refused to stay under his control, which is precisely what he tried to do.”

They were seeking unspecified damages and legal fees.

Silva’s ex-wife, who was not a defendant in the case, described the suit in court filings as the “latest abusive tactic in a long line of steps he has taken to harass and control” her. She alleged that he was using the suit to extort her to sleep with him and perform his household chores despite their divorce.

She said Silva had also threatened to post a sex video of her on her employer’s website and send it to her family and friends, a tactic often referred to as “revenge pornography,” illegal in most states including Texas. Transcripts of audio recordings of their conversations are detailed in the suit.

Myers had argued this “improper purpose” was enough reason to dismiss the suit.

Silva suffered a major setback in the case in June when the Texas Supreme Court left in place a state appeals court ruling that allowed the ex-wife to withhold information and documents requested by his attorneys regarding the alleged abortion. The appeals court concluded that her compliance with such an order could imperil her Fifth Amendment right against self-incrimination.

In a concurring opinion, Justices Jimmy Blacklock and Justice Devine, two of the all-Republican court’s most conservative judges, went out of their way to mention in a footnote that Silva had been “engaged in disgracefully vicious harassment and intimidation.”

“I can imagine no legitimate excuse for Marcus’s behavior as reflected in this record, many of the details of which are not fit for reproduction in a judicial opinion,” the opinion penned by Blacklock read.

Mitchell had sought to delay the trial while the court considered his motion to compel the three women to divulge records as well, but Galveston County Judge Lonnie Cox denied him on both matters Monday. All three had also planned to invoke the Fifth Amendment.

Joanna Grossman, a law professor at Southern Methodist University who specializes in legal issues affecting women, said Silva’s case was never legally viable because a wrongful death must result from some kind of wrongdoing.

Texas law bars physicians from performing all abortions except those to save the mother’s life and major bodily functions, but it does not create any legal liability for the pregnant patient, regardless of what abortion method they use.

See here and here for the background. “Mitchell” is of course top-level forced birth zealot Jonathan Mitchell; he and fellow forced birther Rep. Briscoe Cain brought forth this suit before deciding to, um, abort it. I see nothing to indicate that the countersuit has been or will be dropped, and I hope that Noyola and Carpenter’s attorneys pursue it to the ends of the earth. This was straight up bullshit from the beginning, intended to further intimidate and terrorize anyone who has ever had, contemplated, or supported a friend who has had or contemplated an abortion. Once again I say, if you needed a vivid reminder of the stakes in this election, here you go. The Trib and The 19th have more.

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

Fifth Circuit hears drag ban appeal

Hope for the best as always.

Obviously a pervert

A Fifth Circuit panel grappled with questions of free speech and expression on Wednesday as it deliberated whether to uphold a lower court’s ruling that a Texas law dealing with sexually explicit performances and children is unconstitutional.

The September 2023 ruling by U.S. District Court Judge David Hittner found that Senate Bill 12, which creates criminal and civil penalties for those who perform or host sexually explicit shows in front of minors, could “virtually ban any performance in public,” including drag shows.

“It is not unreasonable to read SB 12 and conclude that activities such as cheerleading, live theater, and other common public occurrences could possibly become a civil or criminal violation of SB 12,” he wrote in a 56-page order.

It is not clear how quickly the three-judge panel of the New Orleans-based Fifth Circuit Court of Appeals will decide the appeal. During a one-hour hearing on Wednesday, the judges peppered attorneys with questions.

Judge Kurt Englehardt, appointed to the bench in 2001 by former President George W. Bush, inquired how SB 12 differs from existing obscenity laws that aim to protect children from indecent material.

“We’ve always had age protections on performances or material that’s been considered of sexually adult nature,” he said, using examples like the Motion Picture Association of America’s rating system and how in most jurisdictions minors are not allowed in adult bookstores.

Brian Klosterboer, a staff attorney for the ACLU of Texas, said while those laws have exceptions for works that are deemed to hold artistic and scientific value, SB 12 carries no such exceptions.

“This law has none of those guardrails,” Klosterboer said.

In district court proceedings, a great deal of attention was paid to the phrase “prurient interest in sex.” The phrase has its roots in obscenity law and was used in Senate Bill 12 to define what constitutes a sexually explicit performance.

Hittner said in his order that the phrase is not clearly defined and could be open to interpretation. Judge James Dennis, who was appointed to the Fifth Circuit in 1995 by former President Bill Clinton, appeared to side with Hittner on Wednesday.

“If prurient interest is not defined in the statute, that means the statute could have many, many different meanings to many different people,” Dennis said.

William Cole, deputy solicitor general with the Texas Attorney General’s Office, disagreed with Dennis and said jury instructions would suffice in clearing up any confusion around the phrase’s definition.

“I think it’s well established that prurient interest has survived multiple vagueness challenges across the years from three-quarters of a century,” Cole said. “It’s a word that finds its genesis in Supreme Court case law going back to Roth. For this court to hold that it is vague would, I think, have serious knock-on effects in other areas of law like the criminal law, obscenity prosecutions and child prosecutions where that is a common term.”

Brian Klosterboer, a staff attorney for the ACLU of Texas, said SB 12 does not distinguish a child’s age and would conceivably treat an older teenager the same as it would a younger child.

“We don’t even know whose prurient interest we’re talking about,” Klosterboer said.

[…]

In his ruling, Hittner agreed with arguments made by lawyers for the LGBTQ+ organizations that language related to “accessories and prosthetics” targets drag performers.

“This language goes beyond mere content-based discrimination because it is now directed at the specific act of impersonating or exaggerating a sex other than the one a performer is assigned,” Hittner wrote. “Additionally, the court cannot ignore the legislative history and public statements by legislators purporting that SB 12 is at least in part a ban on drag shows.”

See here for the previous update. Judge Hittner was a Reagan appointee, so not a flaming liberal. I didn’t get a sense from this story if the three-judge panel leaned one way or the other. May not matter in that if they uphold the ruling, the state may ask for an en banc hearing before the inevitable appeal to SCOTUS. At least it doesn’t seem like it went badly. With the Fifth Circuit, that’s about all you can hope for.

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

HISD cornucopia

Too much news, too little time, so a-rounding up we go…

Houston coalitions hold dueling press conferences to support, oppose HISD’s $4.4B school bond

HISD parents, Houston’s NAACP branch, the Houston Federation of Teachers, the Texas Gulf Coast Area Labor Federation and the Harris County Democratic and Republican Party spoke out against the bond, while Children at Risk, the Houston Food Bank, the Center for School Behavioral Health and the Boys & Girls Clubs of Greater Houston spoke in favor.

HISD’s bond proposes spending $2 billion for rebuilding and renovating schools and $1.35 billion for lead abatement, security upgrades, and heating, ventilation and air-conditioning improvements. It would also provide $1 billion to expand pre-K, build three new career and technical education centers and make technology upgrades without raising taxes.

HISD “has not sought a bond in 12 years, and conditions at too many schools do not meet current safety and health standards,” the district said in a statement. “HISD is proposing these investments — which will impact 273 schools in every neighborhood in the district — to make sure all students can learn in safe, healthy and effective learning environments.”

[…]

Bond supporters said Houston voters should look past the politics of state-appointed district leadership and vote in favor of the bond address long-standing issues that would improve student well-being and academic success.

“We’re going to be recruiting a superintendent, we’re going to be electing a new board and we’re going to be bringing them to Houston … and we want to make sure that we have our ducks in a row in terms of our infrastructure,” Children at Risk CEO Robert Sanborn said. “When I think about this, I think first and foremost, this is about the future of our children. … We know that kids need better facilities. They need better schools.”

Opponents said that while they support increased funding for public education, they believe voters should reject this bond due to a lack of trust in Miles and his administration, concerns over future financial accountability, and the state’s replacement of the elected school board with appointees in June 2023.

“We call upon the state government, Gov. Abbott, to end the TEA occupation of HISD and allow the restoration of a democratically elected school board to return to HISD immediately,” said Hany Khalil, director of the Texas Gulf Coast Area Labor Federation. “Once we have that in place, we will have, once again, trust in our school district, and we will then support a bond.”

You know where I stand on this. I will refer you once again to my interviews with Plácido Gómez and Dani Hernandez for the HISD bond, and Ruth Kravetz of CVPE against the HISD bond. I do not think this bond has the support to pass. I will be very interested to see if there is any (real) polling on this, and what the Chronicle’s endorsement is.

Parents fear curriculum changes as HISD puts elementary school principal on leave

The abrupt administrative leave of Harvard Elementary School’s principal has catalyzed parents’ concerns for protecting the school’s teachers and course offerings, including its International Baccalaureate curriculum.

Harvard families received a Monday evening message that principal Shelby Calabrese was on leave pending investigation — effective that day. Assistant principal Alejandra Perez would step into the role. It was unclear how long the leave or investigation would last.

Houston ISD cited board policy in its message that principals can be put on administrative leave by their direct supervisor or Superintendent for poor performance, absenteeism, or misconduct without specifying which applied to the principal.

Parents said the change in leadership spurred existing anxiety around HISD encroaching on the school’s choice of teaching methods and curriculum, as the district rapidly overhauls schools at the discretion of state-appointed Superintendent Mike Miles. Calabrese’s administrative leave intensified a larger concern whether the district will allow the school to teach the International Baccalaureate (IB) curriculum, which parents say is rooted in inquiry, being a well-rounded citizen, and critical thinking.

“We understand that sometimes employees need to be placed on leave, and that sometimes, very often, when they’re placed on leave, it’s for legitimate reasons,” parent Josh Brodbeck said. “And so, if that’s what’s happening here, we get it and we understand. But we’re very suspicious and concerned about the circumstances surrounding the sudden leave that Dr. C was placed on.”

[…]

Harvard was a B-rated school by the district’s own calculations of accountability ratings for 2024. A-through-F accountability ratings are determined by a school’s performance in student achievement; the school’s progress in academic growth and performance relative to other schools; and “closing the gaps” between student groups. (The Texas Education Agency’s release of official accountability ratings are on pause, under an injunction.)

Because of its rating, Harvard also has what HISD calls “Level 3 autonomy” according to a framework determined and enforced by HISD — this means that the school has the freedom to make decisions on programs, curriculum, and how it delivers instruction, for example. Harvard is a science, technology, engineering and math magnet and longtime IB school.

Central Division Superintendent Luz Martinez wrote in a Thursday email to families that Harvard is not a candidate for Miles’ reforms because of its B rating.

“Harvard did slip from an ‘A’ in 2023 to a ‘B’ in 2024, primarily because of students’ math scores,” Martinez wrote. “Also based on Harvard’s 2024 student achievement results there is 30% achievement gap between white and Hispanic students. We all want to see your students achieve their full potential, so HISD has provided increased instructional support, including coaching to help raise student math scores and close achievement gaps. The district fully supports continuous instructional improvement within Harvard’s IB program. There are no plans to eliminate it, while raising achievement.”

Harvard chose a list of curricular resources that teachers have the autonomy to use inside the IB framework, Martinez wrote.

“The six transdisciplinary IB themes guide teachers in designing units that usually last several weeks. These practices will continue,” she wrote, with a timeline for Harvard’s IB recertification.

Despite the autonomy level, parents are hearing of changes in the classroom from their children more in line with Miles’ New Education System (NES), which includes the use of timers in classes, frequent “Demonstrations of Learning” checks and quizzes, and a district-set curriculum largely made up of presentation slides and worksheets.

Parent Kristin Blomquist told the board of managers Thursday she hopes Calabrese will return, and the bigger issue is teachers are held to NES standards.

“We’ve had observers come in to grade staff based on the New Education System, which Harvard inherently is not, and receive low scores and are reprimanded for upholding the IB curriculum,” she said. “We are not NES. We are IB, and it’s creating confusion for educators and children and creates fear-based changes to learning in our high-performing schools.”

Parents’ vigilance toward district edicts ramped up after Miles’ visit to the campus, on Sept. 5 according to records. Brodbeck said one of his students started to see timers implemented in class after that visit.

“It feels to us like there is an attempt being made to backdoor it (NES curriculum and requirements) into a high-performing school like ours, and taking advantage of the fact that those are high-performing kids to, again, make some kind of political point. And we were assured that we were protected from NES,” Brodbeck said, noting his use of the word “protected” was intentional because Harvard parents feel the test-focused NES curriculum would be destructive to their children.

We know quite a few people whose kids went to Harvard. I was as surprised as anyone to hear this news – Harvard has always been a top performer and one of those schools that people buy houses in the Heights to get zoned to. If HISD and Mike Miles think they need to tinker with what Harvard is doing, they have definitely lost the plot. And while this is kind of a side issue in terms of the overall HISD drama, I highlighted this story so I could also highlight this one, about the Thursday night Board of Managers meeting, which drew a number of Harvard parents.

Harvard parents are furious, calling any aspects of the NES program with its “rote learning” the complete opposite of IB which they maintain encourages creative thinking.

“As a Harvard parent, I’m here because I’m concerned about the future of the IB program. The IB program is the reason we decided to send our son to Harvard and it truly is what makes Harvard a special school,” said parent Bridget Kushiyama. “While you say there are no plans to eliminate it, I worry about that because to be frank I do not trust a single one of you, especially Mike Miles.

“Although Harvard is not an NES school, teachers are required to implement the broad NES strategy. Not because they choose to but because they must in order to receive favorable observations. The IB curriculum nurtures and develops young students as caring, active participants in a lifelong journey of learning,” she said.

“In contrast. the NES model focuses on worksheets that lack critical thinking, relies on scripted lessons and prioritizes test scores only. Not the students.”

Parent Joanne Vest scoffed at the idea that lower math scores when the students were tested in January should have been used as a determinant of how well Harvard is educating its students.

“Have you forgotten there was no heat at school that day and only one functioning bathroom for over 600 students? Testing was not rescheduled and those students who showed up were told to put on their coats and gloves and test. Who could perform at A’s level in these conditions? This is not on Dr. C, this is on you. We are not fooled by your gaslighting and we will not give up.”

Jacob Margolin, another parent, started by saying that obviously he would not support the bond “until we have an elected and accountable school board. It’s basic Finance 101. You don’t give money to people who are unaccountable unless you want that money to be squandered.

“The people of Houston see what you’re doing. We see you manipulating the school grading system so that NES schools forced into a curriculum that resembles daily test prep appear to excel while all the other schools are forbidden from preparing their students for tests. We see you disappearing principals that defend their school’s teacher and records. We see you leveraging money to those who kowtow to your agenda and punishing those who don’t.”

Every one of these parents should be an easy Yes vote for the bonds. They are instead passionate opponents of them, because of Mike Miles. This is why I don’t believe the bonds will pass. You reap what you sow. More on that meeting here.

HISD’s Board of Managers names 13 people to bond oversight committee. Here’s who made the list.

Houston ISD’s state-appointed Board of Managers named 13 people and two alternates Friday to the committee that will oversee the district’s $4.4 billion school bond if voters approve the measure next month.

After more than three hours in closed session, the board named a group of people who represent “fields of law, finance, accounting, construction, engineering, government, education, edtech and energy” to the committee. All members are HISD residents, and six of them are past, current or future HISD parents, according to the district.

The Bond Oversight Committee will be responsible for monitoring progress of bond projects, providing regular updates to district leaders, communicating allegations of wrongdoing, potential waste or fraud to the superintendent and other oversight duties related to the bond.

Here’s the list of Houston residents selected to join the committee, listed alphabetically by first name:

I recognize two of the names offhand: Chris Brown, former Houston City Controller, and Wendell Robbins, who ran for HCC Trustee a few years ago (of course I interviewed him; that’s why I recognized his name). I’m sure they’re a fine group; I doubt anyone’s vote will be affected by them.

HISD’s school board approved Mike Miles’ first annual evaluation. How would you rate his performance?

Houston ISD’s Board of Managers approved state-appointed Superintendent Mike Miles’ first evaluation during their monthly board meeting Friday after hours of meeting in closed session.

Miles’ initial contract states that the board is responsible for assessing his annual performance every year by Sept. 1 based on his job duties and the board’s goals and priorities. The contract states that the board will hold the evaluation in closed session unless Miles and the board agree to hold it publicly.

The evaluation passed without discussion in an 8-1 vote, with board member Adam Rivon as the sole member to vote against the motion.

Alex Elizondo, HISD’s chief of public affairs and communications, said the evaluation is confidential and will not be released publicly, but Miles did qualify for an additional performance incentive pay based on the results and an amendment to his contract.

The incentive payment will be finalized in November, which is when HISD will release the total payment Miles was eligible for and the actual amount he received, Elizondo said. Miles currently earns an annual salary of $380,000, according to his contract.

The district did not include the template rubric for Miles’ evaluation in the board agenda, but it was provided to the Chronicle upon request. Unlike the initial contract, the rubric states that the board will conduct Miles’ evaluation on or before Oct. 15.

An amendment to Miles’ contract states that 60 percent of his evaluation is based on whether he met four specific student outcome goals and honored all three constraints that the board set in November, while the remaining 40 percent is based on how he scored on an executive leadership and vision rubric.

You can read the rest of the rubric if you want. Let’s just say that I would have been a No vote.

Posted in School days | Tagged , , , , , , , , , , , , , , , , , , | 5 Comments

Saint Arnold gives a boost to the Beer Can House

Nice.

The Houston Beer Can House, one of the city’s most famous and beloved artistic landmarks, will now have free admissions and expanded hours thanks to a partnership with Saint Arnold Brewing Company.

Located in the Rice Military neighborhood, John Milkovisch created the Beer Can House as a way to avoid chores rather than a grand artistic statement. The exterior is covered in roughly 50,000 crushed beer cans, most of which Milkovisch drank himself. It houses several sculptures and currently serves as an art gallery space.

The bright Houston sun refracts off the aluminum, turning the entire thing into a glimmering artifact that has brought in visitors from all over the world.

“Saint Arnold is proud to be a part of The Beer Can House’s continued evolution,” Saint Arnold founder Brock Wagner said in a statement. “As Texas’ oldest craft brewery, we take pride in supporting our local community and helping to make Houston a fun and exciting place to live and visit. I’d like to think that should Saint Arnold have been around during John Milkovisch’s time, he’d have used some of our cans to create his masterpiece.”

Tours and visits will be available Wednesday through Sunday from 10 am – 4 pm. In addition, the house will host special programming throughout the year, starting with a Block Party on October 12.

The Orange Show Center for Visionary Art bought the building in 2001 for $200,000, and it has been a part of the Houston art scene ever since. Some experts argue whether the building should be considered folk art or tramp art. Either way, it is a unique building that feels distinctly Houston.

“The Beer Can House is not only an internationally-recognized art environment – sparking curiosity and joy with each visitor it welcomes — but it also tells the story of Houston’s growth and our innate desire to create without abandon,” added Jack Massing, executive director of the Orange Show Center for Visionary Art. “For over 15 years, our preservation efforts with The Beer Can House have been simply about maintaining the structure and the grounds. Through this new partnership with Saint Arnold Brewing Company, we are looking forward to focusing more attention on enhancing the visitor experience while offering regular community events and rotating art exhibitions, all free and open to the public five days a week.”

If you’ve never seen the Beer Can House, it’s worth a trip. It’s on the short list of Things That Make Houston Uniquely What It Is. The one caution, which is mentioned on the Orange Show’s page for the House, is that parking is very limited. They recommend rideshare or riding your bike, but let me add another option: There are three Metro bus lines that will drop you off within a half mile or so of the BCH – the #20 on Memorial (the closest), the #85 on Washington (a frequent route), and the #27 on Durham/Shepherd (disembark at Feagan). Admission is free, you can afford the bus fare. There’s some events being planned for the future, so keep an eye on this. And thanks to Saint Arnold for stepping up and keeping this institution available to the public.

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Some finance and fundraising bits

Colin Allred keeps raking it in.

Colin Allred

U.S. Rep. Colin Allred raised $30.3 million for his Senate campaign in the third quarter of the year, outpacing U.S. Sen. Ted Cruz’s haul over the same three-month period, according to figures announced by both campaigns.

Cruz, the Republican incumbent, raised more than $21 million across his three fundraising accounts, which include a leadership PAC that cannot spend directly on Cruz’s reelection and a joint fundraising committee that sends money to Cruz’s main campaign account and his leadership PAC.

The fundraising deficit is nothing new for Cruz, who has struggled to keep pace with Allred this cycle after being vastly outraised by 2018 Democratic challenger Beto O’Rourke. Before the latest fundraising quarter, Allred had raised $38 million to Cruz’s $23 million across their main campaign accounts. When including affiliated PACs, Allred held a narrower advantage: $41.2 million to Cruz’s $40 million.

Cruz closed out the quarter — which ran from the start of July through the end of September — with $16.2 million cash on hand across his three accounts, according to the GOP senator’s campaign. Allred’s campaign did not say how much cash he had in his accounts.

Allred’s $30 million haul is a massive sum, though short of the record $38 million O’Rourke raised in the third quarter of 2018. The Dallas Democrat has raised nearly $69 million since the start of the campaign, however, surpassing the $61 million O’Rourke had collected by the same point.

The two campaigns have combined to spend way more money than was spent in 2018, so you’re going to keep being inundated by ads as you try to watch the MLB playoffs or football on the weekend. Keep that remote handy. I’ll have a comprehensive roundup of the finance reports next week or so; the FEC reports pages aren’t usually up to date until the 15th of the month. In the meantime, Mother Jones ran its own “can Allred win?” article, similar in nature to the Trib story but with some different quotes.

On a side note, I love this pairing of Ted Cruz story headlines now on the Houston Chronicle homepage as I draft this:

Ted Cruz goes all in on transgender attack ads in his Senate race
With his Senate seat on the line, Ted Cruz is selling a softer side

That’s some “softer side”. Anyone who buys that idea is soft in the head.

The Trib looks at where the parties are spending their money in the few State House battlegrounds.

Gov. Greg Abbott and Republican political groups are pouring money into three Democrat-controlled state House districts in South Texas, giving the GOP a financial edge and raising the prospect that the party could widen its majority in the lower chamber.

Between early July and late September, the period covered by campaign finance reports released this week, Republicans massively outraised their Democratic opponents in the races to succeed retiring state Reps. Abel Herrero, D-Robstown, and Tracy King, D-Uvalde. And in House District 74, a sprawling border district that runs from El Paso to Eagle Pass, Democratic state Rep. Eddie Morales was outraised by GOP nominee Robert Garza, a former Del Rio mayor — though Morales, an Eagle Pass attorney, headed into the final stretch with significantly more cash on hand.

Across the three districts, Republican candidates raked in more than $1 million, dwarfing the $243,000 reported by their Democratic foes. Taken together, the fundraising suggests Republicans see an opening to make modest gains this fall across a House landscape where few seats are in play.

The lack of competition is by design: Republicans redrew the state’s political maps in 2021 to shore up incumbent districts where GOP support had eroded. Republicans control 86 of 150 seats in the Texas House. And while they face little danger of losing their majority, any gains in South Texas could offset losses elsewhere in the state — and help the GOP continue its push to make inroads in the historically Democratic region.

Democrats are going on offense themselves in several House districts across Texas, viewing a chance to flip a handful of GOP-controlled seats that Democrat Joe Biden would have carried over Republican Donald Trump in 2020 if the new boundaries had been in place then, according to Texas Legislative Council data. In most of those districts, too, Abbott and top GOP groups helped their targeted incumbents largely keep pace with a barrage of Democratic fundraising in the latest reporting period — with some exceptions.

Rep. King’s district is HD80; it’s the one Democratic-held district that was carried by Trump in 2020. If Don McLaughlin wins, Dems will need a fourth flip to maintain anti-voucher numbers. Rep. Eddie Morales’ HD74 was made a little bluer in the 2021 redistricting. Rep. Herrera’s HD34 is the bluest of the three districts and is being pursued by a former State Rep. I think those two are likely Dem, while HD80 is lean GOP.

The main Dem targets cited are ones we’re familiar with: HD112, with Averie Bishop, HD37 in Cameron County with Jonathan Gracia, and HD118 in Bexar County where Rep. John Lujan is a terrible father, among other things. Kristian Carranza is the Dem there. Both HDs 37 and 118 were carried by Biden in 2020, while HD112 was barely won by Trump. There’s also HD121, where moderate and anti-voucher Republican Rep. Steve Allison was ousted in the primary; the Republican nominee now is being backed by the usual consortium of evil billionaires. Laurel Swift is the Dem there, I’ll have an interview with her for next week. Control of the House is in Republican hands, but control over whether vouchers have a glide path to Greg Abbott’s desk is still up in the air.

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The 911 drones of Montgomery County

I’m kind of fascinated by this.

Drones could soon take on a new role in The Woodlands, responding to 911 calls ahead of first responders.

Leaders of the Montgomery County Sheriff’s Office see the drone pilot program as a way to beat traffic congestion and get to calls quicker, but critics such as the American Civil Liberties Union have raised privacy concerns about similar programs in other cities.

The use of drones isn’t new to Montgomery County, said Samuel Harrison, a specialist with the sheriff’s office. The agency uses them for search and rescue operations and to assist surrounding agencies, he said.

The Drones as First Responder program would expand on this use by providing a “cost efficient way” for the agency to get support in the sky and respond to 911 calls quicker as the county continues to grow.

Lt. Scott Spencer said Montgomery County’s fast growth poses a challenge for leaders and the general public when infrastructure doesn’t keep up with population.

“I think it’s been said many times before — as cops, we drive the same roads, we’re stuck in the same traffic, we’re having to deal with the same issues,” Spencer said. “Having a program like this gets us eyes without cops having to drive fast to be able to go to a scene.”

[…]

“This is about force multiplying,” Spencer said. “For years, the sheriff’s office has constantly implemented technological advancements that make us smarter, instead of working so hard…that’s a huge deal for us as we’re being tasked with more and more stuff. So, we’re using technology to help fill those voids.”

Privacy concerns have been raised about drone programs in law enforcement. In a 10-page letter published in 2023, American Civil Liberties Union Senior Policy Analyst Jay Stanley said these drone programs could lead to the public feeling more uneasy than “the sense of safety and well-being that people want to feel when they’re in their homes and communities.”

“The Constitution doesn’t normally permit warrantless surveillance where people have a ‘reasonable expectation of privacy,’ but abuses do occur, and when they do people naturally become paranoid,” Stanley wrote in his letter, giving examples of instances where people, in the privacy of their own homes, could be mistakenly seen as committing a crime.

Savannah Kumar, attorney for the ACLU of Texas, said the state group also has concerns about the drone program.

“We have previously raised serious privacy concerns about the Drones as First Responder program,” said Savannah Kumar, attorney for the ACLU of Texas. “These programs require careful scrutiny, as they tend to be costly gimmicks that waste resources, infringe on individual rights, and lead to concerning shifts in policing practices. Our communities deserve better than to have our tax dollars pay for unnecessary police machinery to spy on us from above. We need more transparency around this proposal, but the bottom line is that the police should not have this unchecked ability to monitor our every movement.”

When asked about privacy concerns in 2023, the Pearland Police Department told the Houston Chronicle that it based its policies for the drone program on legal precedents and would place restrictions on surveillance technology to only emergency-response situations.

As a transparency measure, the sheriff’s office keeps a log of when and where deputies operate a drone. However, the sheriff’s office did not immediately respond to questions about privacy issues or what the privacy policy would be for the new drone program.

There needs to be laws and regulations, at both the state and federal level, for drone usage by law enforcement agencies. What is and is not allowed, what records must be kept and made available to the public, best practices, and so on. Even if you trust in the best intentions of these police departments for some reason, they’re going to need the help figuring it out. That also means that the Justice Department needs to start tracking the usage of these drones and collecting data to understand what works and what doesn’t.

I can certainly see the case for deploying these things. They should be able to help determine when something is a real emergency, or conversely isn’t an urgent matter, when a situation calls for special equipment, and so on. Just as the feds should do some intense data work to help figure out how these things might best be used, the local cops using them ought to define some metrics for themselves, if only to justify the expense. Which isn’t very much right now, but you know how these things go.

And look, I think we can all see it coming that HPD and the Harris County Sheriff’s Office will be looking into these things. So, ideally, City Council and Commissioners Court and all of the local watchdogs will also pay attention to this. What might we want or not want out of this, if and when we start exploring it. Because we will – I can almost see the twinkle in Mayor Whitmire’s eye over this. Let’s not be surprised when this lands on our doorstep.

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Endorsement watch: The obvious choice in the special election

The Chron endorses Erica Lee Carter in the special election for CD18.

Erica Lee Carter

Erica Lee Carter isn’t her mother.

“I can never be that iconic,” she told the editorial board.

When her mother, the late U.S. Rep. Sheila Jackson Lee passed away this summer due to complications from pancreatic cancer, her death was marked by a series of services and memorials across the city, attended by presidents, adoring community members and even Stevie Wonder.

Between the waves of emotion and activity, Lee Carter, 44, said she couldn’t even consider what it might mean to fill her mother’s shoes — or at least she wasn’t answering the many calls asking her whether she’d put her name forward to fill the now empty seat representing a historic district.

From electing the South’s first Black congresswoman, Barbara Jordan, to Mickey Leland and Jackson Lee’s years in office, the solidly blue Congressional District 18 is special. Especially so this election when voters there will get to cast their ballot twice: once for a candidate to fill the remaining few months of Jackson Lee’s term and again for the new representative who will take the oath of office in January 2025.

Eventually, Carter Lee answered the call. She should be the one to finish out her mother’s final term.

Carter Lee is the only Democrat running in that race and the only candidate with elected experience, having served on the Harris County Board of Education. She said she will honor her mother’s role as a progressive politician and community leader.

“You’re getting someone with less direct experience in Congress and direct experience in life,” Lee Carter told us, “but you are getting someone as committed to the democratic process, to making sure the 18th Congressional District gets great constituent services, which my mother worked on vigorously, on immigration matters, our veterans,” and someone who believes, “it’s important to support President Biden, which my mother did to the end.”

With Lee Carter, we think the voters are getting the best candidate.

This was not a close call, as the other two candidates are more or less non-entities. She’s the only Democrat in this three-candidate race; no other Dems jumped in because she made the most sense. You can listen to my interview with her to see what she has in mind for this short-term gig. The Chron previously endorsed former Mayor Sylvester Turner in the general election for CD18.

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Dispatches from Dallas, October 11 edition

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

This week, in news from Dallas-Fort Worth: church scandals and a lot of them; election news; schools news; financial mismanagement details from Fair Park; mismanagement costs the city of Dallas a cricket tournament; a local newspaper pivots away from print; Indy Car racing coming to Arlington in 2026; a local museum opens a second campus; and more.

This week’s post was brought to you by the music of Duran Duran, because the Guardian had an article about their 20 greatest songs ranked, which is wrong because it omits their best song.

I’ve been meaning to write a post about the frankly bizarre string of pastoral malfeasance that’s been emerging in Metroplex churches this summer, but the New York Times beat me to it. These are not just tiny churches, but megachurches with national profiles like Gateway, which is one of the biggest churches in the Metroplex with more than 100,000 members. Most of the pastors on the WFAA list mentioned in the NYT article committed sexual improprieties and in a few cases, like Gateway, outright crimes, but as mentioned in the Dallas Observer’s follow-up on the NYT piece, one of the more recent cases involves domestic violence. The DMN’s article on the trend last month described the resignations and removals as the result of “moral failures”.

Gateway Church has been the center of these scandals: it came out that the founding pastor, Robert Morris, had improper relations with a “young lady” in the 1980s. Then it turned out that the so-called young lady was twelve when the improper relations started and he was already in the ministry. The latest from the DMN on the case is from the parents of Gateway founder Robert Morris’ victim, who deny that, as he claimed, they supported his return to the ministry.

Gateway’s Houston branch, which is run by Morris’ daughter and son-in-law, renamed itself Newlands Church; Morris’ son, who had been expected to follow his father as leader of Gateway next year when his father was supposed to retire, is starting his own church after he resigned from Gateway’s leadership team. Meanwhile, the mother church is dealing with not just Morris’ crime and the fallout, including a number of leadership resignations, but other suits like one alleging that the youth ministry ignored the grooming and assault of a teen member and another alleging the misuse of tithe money dedicated to missionary work. It’s not a new observation, but one you’ll find repeated several times in these links, but nondenominational megachurches have no safeguards at all, just the honesty or lack thereof in the leaders. It’s absolute power, and you know what they say about absolute power.

And in case you’ve forgotten another big problem about these megachurches and their unlimited power, here’s the pastor of Lake Pointe Church in Rowlett and Forney reminding us that they also dabble in politics, usually against Democrats. The article notes that the church has 20,000 members and the pastor has 340,000 Instagram followers, many of whom will have heard the pastor’s questionably-legal borderline-political commentary.

In other news:

  • This Texas Tribune story about flippable districts in the Legislature features several local races: Angie Chen Button v Averie Bishop in Richardson; Morgan Meyer v Elizabeth Ginsberg (my district); Ben Bumgarner v Michelle Beckley in Flower Mound; Mihaela Plesa v Steve Kinard in Collin County. The Richardson race comes in for extra focus because it’s big and showy and Dems keep chipping away at long-timer Chen Button’s numbers.
  • The Star-Telegram has a couple of items about the Senate election. First, former Republican Tarrant County Judge Glen Whitley, Tim O’Hare’s immediate predecessor, endorsed Colin Allred; he also endorsed Mike Collier. Second is a story about Allred and Cruz campaigning in Tarrant County. I had a hard time restraining my eyerolls at Cruz referring to Democrats as communists, but that’s par for the course and not surprising at any event including Tarrant GOP chair Bo French.
  • Texas Monthly has a profile of Dallas’ viral congresswoman, Jasmine Crockett.
  • You may remember a few weeks ago, Fox host Maria Bartiromo made claims that immigrants were lining up to register to vote in Tarrant County and Tarrant GOP Chair Bo French doubled down. The Star-Telegram also followed up on those accusations, and to nobody’s surprise, found there was nothing to them. Tarrant elections chief Clint Ludwig noted for this story that the double-voters presented by French were folks who had changed name or address, so I worry about his ability to stay in his job.
  • There’s a lawsuit brewing in Rowlett about whether a church should serve as an early voting center. Personally I’m in favor of moving voting out of churches, but I’m not in favor of threatening the church’s occupancy certificate to make it happen, as alleged in this case.
  • The Dallas Observer has its expected item on the mess that is the Dallas HERO charter amendments and why we should vote against them.
  • Denton is considering significant campaign finance reform for city elections.
  • A company that makes traffic cameras for the city of Fort Worth has been putting surveillance cameras for HOAs on city right of way without proper permits. Unsurprisingly, this is a big legal mess, both because of the privacy implications of who has access to the camera streams and because it may interfere with gas line access.
  • An investigation into Fair Park’s finances shows that the management company misallocated $5.7 million in donor funds, mostly by putting restricted funds into the general funds. The management group thinks they’ve been vindicated of mismanagement charges and is pointing fingers at Fair Park First. The DMN has more and explains some of the details.
  • The Texas Court of Criminal Appeals overturned the conviction of a Dallas man on Death Row in a shaken baby syndrome case. Andrew Roark’s conviction in 2000 was based on science now considered discredited. This is the same kind of case as Robert Roberson, whose execution date is next week.
  • Dallas City Council is all for fully funding DART, our local transit system, unlike many of our suburbs.
  • Fort Worth ISD has named its interim superintendent following the forced resignation of Angelica Ramsey. Karen Molinar served as interim superintendent before Ramsey’s hiring. This time she’s going for the job herself, which makes sense given she’s been tapped twice now. The Star-Telegram also has the story.
  • You may remember all the trouble Sherman ISD had around the musical Oklahoma! last fall: the trans student, the demand that all students play roles of their assigned gender, the investigation, the superintendent’s departure in May. The DMN got its hands on the third-party report and the whole thing was set off because the now-former superintendent was preventing “same sex kissing on stage”. If former superintendent Tyson Bennett’s job was a victim of the culture wars, it’s because he shot himself in the foot.
  • The Star-Telegram is pivoting to the news future, which they think is online. Starting last Sunday, they’re printing physical papers only on Wednesday, Friday, and Sunday. They’ll prepare an electronic edition every day but the printed paper is no longer sustainable. As a digital subscriber myself, I’m part of this trend, but it worries me even so.
  • I like some of the amenities of the Dallas suburbs (more on that in a bit) but stories like this make me realize I’d never want to live in most of them: a Flower Mound bakery featured Harris-Walz cookies and while they flew off the shelves, they also inspired harassment and even death threats. Apparently there’s a Facebook group for Flower Mound that’s all about making the lives of local businesses miserable if the Facebook folks don’t like their politics. Don’t these folks have something better to do?
  • The Sixty Strikes cricket event that’s being held in Richardson, at UT Dallas, this month was originally planned for Oak Cliff. Turns out that dysfunctional city bureaucracy bungled the development of the cricket pitch and the cricket folks moved to the burbs to get their event together on time.
  • Indy Car racing sponsored by the Rangers and the Cowboys zooming through the streets of Arlington in 2026. The 2 3/4 mile circuit will feature Globe Life Field and AT&T Stadium. More about the launch from the Dallas Observer and the Star-Telegram.
  • And the surburban amenity in Richardson, at UT Dallas, I’ve been waiting for: the second campus for the Crow Museum of Asian Art opened last month. I’ve been a big fan of the tiny downtown museum near the Dallas Museum of Art and the Nasher for years now, and I’m hoping to visit the new, much larger, museum in Richardson later this month to see more of the collection. Note that the Crow in the museum’s name is Trammel, father of Harlan, whom you know in these pages from Six Degrees of Clarence Thomas.
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Of course Ted Cruz doesn’t want to talk about abortion

He has nothing good to say and he’s trying not to lose. Simple as that.

Not Ted Cruz

U.S. Sen. Ted Cruz has been a loud anti-abortion crusader throughout his political career.

But as reproductive rights loom over the election season as a key issue for voters, Cruz is uncharacteristically quiet.

The Texas Republican, running for a third term in the Senate, is locked in a tight race against U.S. Sen. Colin Allred, D-Dallas, who has made restoring access to abortion and blaming Cruz for the toppling of Roe v. Wade central to his campaign.

This past week, Allred’s campaign, boosted by an influx of cash from Senate Democrats, began airing an ad on TV and streaming platforms across the state that blasted Cruz for his anti-abortion record.

Texas has banned almost all abortions — including in cases of rape and incest — since Roe was overturned. Since then, Cruz has been more careful about how he engages on the topic. He has repeatedly called abortion a state issue, while offering more vocal support for in vitro fertilization.

Cruz, through a spokesperson, declined a request for an interview. The Texas Tribune reached out to his campaign eight times over six weeks to ask about his positions, posing nine initial questions via email and several follow ups on topics ranging from his past support for a national abortion ban to how he squares his belief in fetal personhood with his support for IVF — a process which routinely involves the disposal of fertilized embryos.

Cruz’s campaign did not respond directly to questions, instead providing links to previous statements he had made on the topic in other interviews. Those statements did not address several specific questions.

You have to respect the effort. The Trib spends the rest of the story going over individual pieces of legislation and rhetorical items and how they all fit into the bigger picture, but really it all comes down to one basic truth: Ted Cruz will never vote for a bill that will make abortion access more readily available, and he will never vote against a bill that makes abortion access more restrictive. It’s just not any more complicated than that.

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The data centers of Medina County

Interesting story.

When Suzanne and Anthony Stinson married in 1980, they moved to a pioneer-built house outside of Castroville and raised their children on land that had been in his family since the 1840s.

Back then, “it was all country out that way. You’d have to sit there for a while before a car would go by,” she said.

But after neighbors sold their land to Microsoft for what the Stinsons say was tens of thousands of dollars an acre, the couple now copes with dust and noise coming from the adjacent site where a data center has been under construction since 2022. The contractor put up plastic sheeting, at their request, and the couple planted a row of trees.

“It’s sad because they’re taking out agricultural production for cloud space, for computer data,” she said. “You just wonder, why do we need all this?”

In a county known more for farms that yield corn, cotton and hay than high-tech server farms, Microsoft is doubling down on the already massive data center.

As the construction site expands, so does the number of such facilities in rural Medina County forcing residents there to reckon with a kind of growth they never expected.

[…]

Microsoft owns at least 12 parcels of land in Medina County, according to tax records. Many are contiguous parcels and all are located in the eastern part of the county.

The combination of cheap, available land and abundant energy resources is attracting companies like Microsoft to build data centers in the county, said Medina County Judge Keith Lutz.

SAT82 also qualified for a 15-year, 80% property tax abatement from the county, he said. Even with the tax abatement, data centers can generate revenue that’s equivalent in property taxes to almost 900 residential rooftops, Lutz added.

The state also offers tax breaks to qualifying data centers, including a temporary sales tax exemption and other incentives.

Officials welcome the development of giant server farms in the face of a population boom in the county.

“We have a tremendous amount of growth going on in this county — people growth — and with that growth comes a lot of challenges, lots of infrastructure [needs] … that we’re going to have to accomplish that are way bigger than just what the county citizens can handle,” Lutz said.

Medina County has a population of about 51,000, according to the 2022 American Community Survey. In the dozen years leading up to that survey, the county’s population increased 11 out of 12 years, with an average annual growth rate of 1.3%.

The largest annual population increase was 2.7% between 2020 and 2021, and the following year, the population grew again by 1.93%.

This influx is occurring in a county where there are 2,200 farms still family-owned, according to the 2022 U.S. Census of Agriculture, and 2020 census data shows 84% of the population resides in a rural area.

“Sheer panic” is how Castroville Mayor Darrin Schroeder described the city’s reaction to the approaching sprawl from San Antonio and the development that’s occurring as landowners sell off their farms.

“We’ve had this influx of growth,” he said of residential and commercial projects already in progress in the city and adjacent to its borders. “The current development agreements have tripled the size of the city [and that’s] just with the ones that we’ve already nailed down. And we still have many more to go.”

I’ve talked a bit about Medina County, which has been on my radar as a small-but-growing red county next to a large blue urban county. Medina voted 69% for Trump in 2020, though that represented just under 23K total votes. But places like Medina, and there are a lot of them, go a long way towards cancelling out the Democratic growth in the big urban areas. We have to pay attention to them and figure out a strategy for blunting their impact.

Reading this story made me think about the recent cryptomining noise articles. Like this, the building boom was taking place in a small, dark red, exurban county, whose residents were none too pleased with the changes. The big difference is that the data centers are actually useful, and as this story noted Microsoft is actually a pretty good steward of energy resources and the environment. Opposing the cryptominers is both a political opportunity for Democrats and objectively beneficial, while opposing the data centers feels to me like NIMBYism to no good end.

That said, while wannabe legislators and statewide Dems could get involved against the cryptominers, it’s candidates for local office in Medina County who might explore ways to soften the blow of data center expansion in their neighborhoods. A path forward is less obvious to me, but I have no doubt something worthwhile exists. I’m just putting it out there as something to think about. I’ve no doubt other counties like Medina are facing similar issues.

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Latest lawsuit against Deshaun Watson gets settled

That was quick.

The latest sexual assault lawsuit against former Texans quarterback Deshaun Watson has been settled less than a month after being filed.

Houston attorney Tony Buzbee on Monday night confirmed the settlement to Pro Football Talk and the Associated Press

“We have now resolved our client’s claim with Deshaun Watson,” Buzbee told the NBC-affiliated website. “The settlement is confidential.”

The lawsuit was the latest claim of assault made against the Cleveland Browns quarterback, who played in Houston from 2017 to 2021. He had previously settled dozens of lawsuits filed by other women who said he assaulted them while he played from the Texans.

[…]

At least two other lawsuits against Watson are still pending. One of those lawsuits, filed in 2022, is scheduled for a hearing later this month, according to Harris County District Court records.

See here for the previous update. One of the two remaining active lawsuits is a Buzbee lawsuit, but not the one that has the hearing this month. I hope this client feels like she got something resembling justice out of this. The Athletic has more.

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Texas blog roundup for the week of October 7

I thought the rules were that this Texas Progressive Alliance roundup would not be fact-checked. Not that we had anything to worry about.

Continue reading

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Interview with Rhonda Hart

Rhonda Hart

From the Railroad Commission to Congress today, where we meet a candidate that I specifically wanted to meet. I wrote about Rhonda Hart after she announced her candidacy in CD14, a red district with a truly awful incumbent (yes, even by Texas standards) in part because of her compelling story. Her 14-year-old daughter was murdered in the mass shooting at Santa Fe High School in 2018, and like many such parents before her she has been working tirelessly to improve our nation’s excessively lax gun laws. She actually managed to get a bill named for her daughter through Congress, one that would put some requirements on safe storage for guns in the home, but it did not pass the Senate. That still gives her a better record for passing legislation than the incumbent. She’s also a military veteran and the kind of person with grace and humility that we ought to want more of in Congress. Listen here and see for yourself:

PREVIOUSLY:

Erica Lee Carter, CD18 special election
Sylvester Turner, CD18 general election
Lindsay London, Amarillo Reproductive Freedom Alliance
Plácido Gómez and Dani Hernandez, for the HISD bond
Ruth Kravetz of CVPE, against the HISD bond.
Katie Shumway, League of Women Voters Houston
Teneshia Hudspeth, Harris County Clerk
Katherine Culbert, Texas Railroad Commission

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The “Can Allred win?” question

At least we’re asking the question. Usually, we don’t even get that.

Colin Allred

Democrats are closing the gap in their uphill campaign to unseat U.S. Sen. Ted Cruz, with polls showing improvement for Democratic U.S. Rep. Colin Allred and national Democrats’ spending in the race a month ahead of Election Day.

For the first time this race, Allred pulled ahead of Cruz in a statewide poll last month, and he continues to poll within a margin of error with Cruz. National Democrats announced Texas would be included in a multi-million-dollar ad buy last week. Allred is consistently outraising Cruz, bringing in more than $1 million in a day twice in the third quarter.

Allred has also built a bipartisan coalition, securing the support of both his party’s left-wing bigwigs and prominent Republicans who have soured on Cruz. This week, U.S. Sen. Bernie Sanders and U.S. Rep. Alexandria Ocasio-Cortez both encouraged voters in Texas to turnout for Allred. Former U.S. Reps. Liz Cheney and Adam Kinzinger, who both were on the House committee investigating the Jan. 6 Capitol attack, have endorsed Allred.

Independent race ratings groups have taken notice. Cook Political Report shifted its rating for the race from “Likely Republican” to “Lean Republican” on Tuesday. Inside Elections shifted its rating from “Likely Republican” to “Lean Republican” last week.

“Allred’s unique coalition of voters, the resources and work of his campaign, and Cruz’s weaknesses all put the Texas Senate race in play,” Allred campaign manager Paige Hutchinson wrote in a memo Tuesday. “There is more work to do as we continue sharing Allred’s message, mobilizing our supporters and reminding voters what they don’t like about Cruz – but the Allred campaign is entering the final weeks of the race in the strongest possible position to secure victory.”

Allred still has a challenge ahead of him. He is running against one of Republicans’ best known and best funded candidates in a state that hasn’t elected a Democrat into statewide office in more than 20 years. Cruz is one of the most adored candidates among Texas conservatives along with Gov. Greg Abbott, while Allred has had to battle his low name recognition outside of Dallas all cycle.

And at the top of the ticket, former President Donald Trump continues to poll ahead of Vice President Kamala Harris in Texas. That could give down-ballot Republicans a leg up, though Allred has higher approval in the state than Harris and has strategically kept the presidential campaign at a distance.

[…]

Cruz’s campaign has been able to lean on the dominance of conservatism in the state. The state voted for Trump with a margin of more than 5 points in 2020. The Harris campaign is not viewing Texas as a battleground this cycle, focusing instead on more easily attainable swing states.

Cruz’s attacks on Allred have portrayed the congressman as aligned with the most progressive wings of the party, noting he has voted faithfully with his party’s leadership when it was in the majority, though Allred is running as a moderate Democrat.

But as demographics in the state shift with a growing moderate, diverse and suburban population, both candidates are making plays for the center. Cruz launched a group of Democrats for Cruz in the spring, and Allred announced a coalition of Republicans for Allred with Kinzinger on Wednesday.

“They’re calling it the Kamala effect,” O’Rourke said last week during a campaign stop with Second Gentleman Doug Emhoff. “Young people are getting registered to vote in record numbers.”

Since O’Rourke’s near victory in 2018, Republicans have won by larger margins in statewide races, including by nearly 10 points in the 2020 race between Sen. John Cornyn and Democrat MJ Hegar. O’Rourke lost his 2022 gubernatorial race against Abbott by 11 points.

As far as Republicans for Allred goes, you can add this:

Glenn Whitley is the kind of old school business-friendly Republican that used to be ubiquitous in Texas but are now largely relics. I don’t know how many votes this moves – people like Whitley have for the most part either fully consumed the Trump kool-aid or they’re already Democrats – but the more Whitleys out there saying they’re voting for Harris and Allred, the more potential there is for others to follow their lead. You can see some more of the crew that Rep. Kinziger brought along here.

The comparison of Beto’s result in 2018 to Dem results in other years is valid but limited. All those results, including Beto in 2018, were affected in part by the greater national atmosphere. 2018 was a Democratic year, 2020 was more neutral, 2022 was (at least in Texas) more of a Republican year. I think 2024 is somewhere between 2018 and 2020, but it’s hard to say which one it’s closer to.

The poll numbers, which are the basis for stories like this and the ratings change in the race, are cautiously encouraging, but there’s still just that one poll that shows Allred in the lead, and then only by one point, 45-44. Allred as noted has consistently outperformed Kamala Harris in the Texas polls, which allows for the possibility of him squeaking out a win while Trump still carries the state. I remain skeptical of that, as there’s two elections’ worth of evidence that Trump is the low performer among Republicans, but this is a weird year. This scenario still depends on Harris running a close enough race in Texas. I think she’s on track to do better than Biden did in 2020, but she’d probably need to get close to 48 percent for Allred to have a strong chance; this is on the assumption that the third party candidates will have a more minimal effect at the Presidential level.

It’s easy to get tangled up in the what-ifs, so let me sum up a bit. Yes, I think Allred has a fighting chance. I’d feel better about that if there were more polls showing him with a lead and/or more polls showing Kamala Harris within at most three points of Trump. I’d feel better about it if the Harris campaign were in on trying to win Texas, I’d feel better about if if the DSCC had been involved earlier, and I’d feel better if there were more legislative pickup opportunities with more visible campaigns for them. This is the hand we’ve been dealt, and the fact that Allred is competitive despite the lack of complementary positive factors is encouraging in its own way. I can’t get my hopes up too much, but I do have some hope. I hope that’s good enough.

Posted in Election 2024 | Tagged , , , , , , , , , , , , , , , | 1 Comment

We’re not cutting our way out of this

A preview of today’s budget debate from the Houston Landing.

Four city council members are proposing a 5 percent increase in Houston’s property tax rate they say would enable the city to avoid $86 million in spending cuts and bring in enough revenue to cover $40 million in cleanup costs left by the May derecho and Hurricane Beryl.

The increase, pitched by At-Large Councilmembers Sally Alcorn and Leticia Plummer, District H Councilmember Mario Castillo and District I Councilmember Joaquin Martinez, is one of two proposed rates on next week’s council agenda.

Mayor John Whitmire is proposing to keep the tax rate at its current level of 51.9 cents per $100 of assessed value.

The rate being pushed by the four council members is 55.2 cents per $100 of assessed value.

The difference between the two proposals for the owner of a home valued at $300,000 with a standard 20 percent homestead exemption is about $78.

The proposals come less than a week after City Controller Chris Hollins warned officials to develop a plan to raise revenue or risk a downgrade in the city’s overall credit rating.

Hollins said Friday he recommended the city publicize a plan to create a structurally balanced budget.

“This means cutting costs, bringing in more revenue, or some combination of both,” Hollins said in a statement. “We also need to ensure that we are maintaining our reserves at levels comparable to those of other major cities. These reserves are critical when unexpected emergencies like Hurricane Beryl or the derecho storm impact Houston and the City has to quickly respond.”

See here for more on what Controller Hollins had to say. Before we go on, a brief reminder about the state of our city property taxes.

As a result of the city cap, Houston has had to cut its tax rate in nine of the last 10 years, from 63.88 cents per $100 of property value in 2014 to 51.92 cents in 2024. Altogether, the restriction has led to $2.2 billion in lost revenue over the past decade, and Houston’s current tax rate is lower than that of all major Texas cities except Austin, according to [city Finance Director Melissa] Dubowski.

So thanks to the stupid revenue cap, every year except one for the last decade we have cut the property tax rate, whether that made fiscal sense and we could afford to do so or not. As has been documented many times including very recently, all of this promiscuous tax cutting has cost the city over $2 billion in revenue. Call me crazy, but we would be in a much stronger financial position right now if the city had taken in that revenue instead. And even with all that, this modest increase would still leave the tax rate substantially lower than it was in 2014 when the cut-a-palooza began. Truly, I have no idea why this is so controversial.

But never mind, Ernst and Young will save us.

The council members’ proposal comes as city leaders fast approach an Oct. 28 deadline to raise the taxes. Proponents of an increase have cautioned potential impacts to city services, but critics say the city could stand to make more cuts before hiking taxes.

Alcorn said the issue at hand wasn’t a matter of either rooting out waste or raising the taxes.

“It’s not a matter of this or that,” Alcorn said. “It’s this and that.”

Alcorn said she understands and respects where the mayor’s coming from with cutting waste, but she also believes something needs to be done to bring in more revenue to the city.

“When you’re in the hole, you’ve got to stop digging,” Alcorn said Monday evening.

Financially, Houston is up against a $230 million deficit, Alcorn said. Expenses still left to pay include a $1.5 billion settlement Whitmire secured for Houston’s firefighters union after an eight-year contract stalemate. The city may also need to add $100 million a year to street and drainage projects should an appellate court reject the city’s appeal in a longstanding lawsuit.

Houston has historically been unable to raise its tax rate because of state and local revenue caps. But the disaster declarations for the May derecho and Hurricane Beryl unlocked a gap in those laws that allow the city to raise its taxes for disaster recovery purposes.

Finance director Melissa Dubowski told council members during a September Budget and Fiscal Affairs Committee meeting the city had incurred $211 million in damage from Beryl and the derecho. While the federal government is supposed to foot a majority of that bill, the city will be on the hook for around $53 million – $40 million of which will come from the city’s general fund.

The disasters and issues surrounding staffing shortages at the Houston Police Department signaled to Alcorn the tax hike needed to come forward.

A tax hike after extreme weather isn’t unprecedented.

City leaders have voted to raise its tax rate three times in the last decade after disasters – once following the Memorial Day flood in 2015, again after the Tax Day flood in 2016 and again after Tropical Storm Imelda in 2019, Alcorn said.

As Whitmire hammers on going after government waste, two studies are currently in the works to help weed it out – one audit by Houston-based consulting company Ernst & Young and another approved this past May that looks into Solid Waste’s operations.

The Ernst & Young study is supposed to be completed in the next week, Whitmire’s spokesperson Mary Benton said. She did not provide a timeline for the results of the Solid Waste study. The council on Wednesday will also vote to expand the Ernst study to look into the city’s Tax Increment Reinvestment Zones, or TIRZs.

Plummer worries about potential cuts in the Solid Waste, Parks and Recreation and Library departments, which are are all already struggling. Parks and Recreation’s budget alone for the year is more than $89 million, while the libraries’ budget hovers at more than $51 million.

But the reality of how any potential cuts to government services would play out is unclear, Alcorn said. Should the city keep its tax rate the same, $86 million in cuts would need to be made to the city’s budget. Where those cuts would happen haven’t been decided.

“I just don’t know how the City of Houston is going to be able to survive if we do not (raise taxes),” Plummer said Monday.

I’ll go on record now and say that we will get nowhere near the amount of cuts we would need to make the budget work from these audits. I’d be shocked if we got enough to just cover the cost of the derecho and Beryl. I’m sure there are some savings to be had, but once you take out HPD and HFD, which are not being audited and which couldn’t be cut even if we wanted to (and quite clearly we do not) and debt service, there’s just not that much left unless you want to start eliminating entire departments. And while it probably makes sense to combine things like parks and libraries with Harris County, there needs to be a proposal on the table to do that and it needs to make sense from the county’s perspective as well. If anything like that is in the works, I’m not aware of it.

I’m old enough to remember when “cutting waste, fraud, and abuse” was going to be Ronald Reagan’s golden ticket to balancing the federal budget. We know how that turned out. We’re way past the point of needing to recognize that the city has a revenue problem. This year gives us a unique opportunity to address it, at least for the short term. We’ve done this in the past. To not do it now is just irresponsible. There’s no other way to describe it.

UPDATE: A different path emerges.

The city of Houston likely will keep its existing property tax rate after receiving notice Wednesday that the state will deliver $50 million in disaster relief funds to southeast Texas communities affected by the May derecho and Hurricane Beryl.

The announcement by the governor’s office prompted a quartet of City Council members to withdraw their proposal to raise the city’s property tax rate 5 percent to avoid a pending deficit that is expected to be worsened by storm cleanup costs.

Mayor John Whitmire said he spoke with Texas Gov. Greg Abbott last week in Austin, resulting in a state contribution of $50 million for debris removal.

The governor’s announcement states the $50 million will be spread among several southeast Texas communities. Houston’s share was unknown Wednesday, a mayoral spokesperson said.

Assuming this is a fair distribution and not an HGAC-like screw job, this should be sufficient to at least cover the storm damages. Not sure why it took so long for this to happen, but better late than never.

Posted in Local politics | Tagged , , , , , , , , , , , , , , , | 1 Comment

Judicial Q&A: Justice Julie Countiss

(Note: As I have done in past elections, I am continuing the series of Q&As for judicial candidates in contested November elections. I am running these responses in the order that I receive them from the candidates. Much more information about Democratic candidates who are on the ballot in Harris County, including links to the interviews and judicial Q&As done for March and for November, can be found on Erik Manning’s spreadsheet.

Justice Julie Countiss

1. Who are you and in which court do you preside?

Justice Julie Countiss, Court of Appeals for the First District of Texas, Place 7

2. What kind of cases does this court hear?

This court hears appeals from all of the district courts in our 10-county district. I hear criminal cases and civil cases.

Within those categories are cases involving probate, family law, personal injury, governmental liability, contracts, parental rights, property rights and more.

3. What have been your main accomplishments during your time on this bench?

My chambers has consistently been a high-producing chambers. Each term, we have complied with the clearance rate metrics to keep my docket timely and moving forward.
In 2023 I was named the Appellate Justice of the Year by the Texas Association of Trial and Appellate Specialists. This is a non partisan group of board-certified attorneys who specialize in the types of civil cases our court hears.

4. What do you hope to accomplish in your courtroom going forward?

My top three priorities are:
1) meet my deadlines to issue cases timely
2) provide strong mentorship and networking opportunities for my spring/summer interns
3) continue the work of Color of Justice, my service on the Texas Children’s Commission and my work serving on HBA committees.

To address these I must continue to uplift my support staff and work in a timely and organized manner making sure to manage my time closley. I also have to stay out there in the community attending events and being accessible.

5. Why is this race important?

Our intermediate appellate courts in Texas, like the First Court of Appeals where I serve, are usually the last chance parties have for justice. Our decisions affect the life, liberty and property of the parties involved and set precedent for similar cases in our district.
We are an important check and balance for the Texas legislature.

6. Why should people vote for you in November?

As the incumbent and having served on this bench for five years, I now have extensive experience in appellate practice. There is no meaingful reason to replace me with a new, untested candidate. Each term, I am a high-producing judge and my docket moves forward smoothly. Our court works as a team to meet our court-wide clearance rate
each term and we haven’t had any backlogs at the First Court of Appeals in the five years I’ve been at the court.

Posted in Election 2024 | Tagged , , , , , | 3 Comments

SCOTUS leaves Texas anti-EMTALA ruling in place

Another reminder of what the stakes are this election, in case you needed it.

The Supreme Court on Monday refused to require doctors in Texas to perform certain emergency abortions when the procedure would conflict with the state’s strict abortion ban.

The justices left in place a lower-court ruling that rejected the Biden administration’s claim that federal law requires access to emergency abortion care even in states that restrict the procedure.

As is common when the court refuses to review a lower court decision, the order — issued on the first day of the Supreme Court’s new term — did not explain the justices’ reasoning. There were no noted dissents.

The court’s action comes just months after the justices intervened in a similar case in Idaho and reflects continued fallout and confusion from its decision in 2022 to overturn Roe v. Wade and eliminate the nationwide right to abortion after nearly 50 years.

In the Idaho case, the justices in June temporarily cleared the way for emergency room doctors to terminate pregnancies without being subject to prosecution under that state’s abortion ban. At the time, abortion rights groups and medical experts called the Idaho decision a preliminary victory that did not settle the broader question of whether a federal emergency-care law preempts strict state abortion bans.

In both Idaho and Texas, the Biden administration has asserted that the federal law — the Emergency Medical Treatment and Labor Act — mandates emergency abortion care when it is the only treatment that can save a pregnant woman’s life or prevent serious harm to her health, including conditions short of death such as organ failure or loss of fertility.

[…]

Solicitor General Elizabeth B. Prelogar had urged the Supreme Court to get rid of the 5th Circuit decision in light of its action in the Idaho case. Defending the administration’s position, she said a separate decision from the Texas Supreme has led state officials to disclaim any conflict between the Texas law and the federal interpretation of EMTALA. Prelogar said a lower court would probably find that there was no longer any live controversy to resolve.

Texas Attorney General Ken Paxton had asked the justices to leave the 5th Circuit ruling in place and drew a distinction between the abortion bans in Idaho and Texas. The Texas law, he said, allows for abortion when necessary to prevent a serious risk of “substantial impairment of a major bodily function.”

In both Texas and Idaho, however, the medical exceptions included in abortion bans are vague, using language that has left doctors unsure of how sick a woman must be before they can legally terminate a pregnancy.

“Given that neither exception is particularly clear, and the interpretation is ongoing, it’s not really obvious how different they are,” said Mary Ziegler, a law professor at the University of California Davis who specializes in abortion issues.

By refusing to consider the Texas case, months after sending the Idaho case back to lower courts, the Supreme Court has left all options open for future rulings on emergency abortions, Ziegler said.

“It’s just as likely that Idaho will win in a big way as it is that the Biden administration will win,” she said. “All of these outcomes are on the table.”

Alexis McGill Johnson, president of Planned Parenthood Federation of America, responded to the court’s action by saying the justices had for a second time this year “punted on clarifying that existing federal law applies to everyone, including those who are pregnant.”

“Pregnant people must be able to obtain the emergency care they need in hospital emergency rooms — which includes abortions, regardless of a state’s abortion ban,” she said.

See here, here, here, and here for some background. The original EMTALA ruling in Texas was for a restraining order, so my presumption here is that SCOTUS is saying they’re not going to change anything until the case has been fully litigated and presumably appealed back up to them. Which is similar to what they did in Idaho except that the initial court ruling there was to enforce EMTALA. As usual, we get the short end of the stick. It will be when this all comes back to SCOTUS in, I don’t know, another year or two, that we see who wins. As Professor Ziegler says, all possibilities remain on the table. CBS News, NBC News, the Associated Press, TPM, and Reform Austin have more.

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One out of three will have to do for now

The Chron endorses two Supreme Court incumbents and one Democratic challenger. I’m going to focus on that one.

Christine Weems

Campaign donations came in from all over the country, and at first Christine Vinh Weems didn’t know why. The Democrat running for a spot on the Texas Supreme Court filed her papers to run as soon as the application process opened in December.

“It took me a second to realize what was happening,” Weems told us. “What was happening in December was Kate Cox.”

You may recall that Cox became national news after she asked Texas courts to clarify whether the medical exception in the state’s abortion ban would apply to her. She’d recently learned that her expected baby had a fatal genetic condition. Carrying the pregnancy to term could have endangered her health and her ability to have kids in the future.

The all-Republican Texas Supreme Court blocked a lower court’s order that would have allowed Cox to have an abortion. She obtained one in another state. Other Texas women have had to wait until their bodies go into sepsis before doctors, afraid of severe criminal and civil penalties, have been willing to perform abortions to save their lives. In Zurawski v. Texas, a unanimous decision by the court did not provide many of the clarifications women sought.

We’ve repeatedly expressed exasperation over the failure of the Legislature, courts and Texas Medical Board to protect the lives of pregnant women — and we considered the Texas Supreme Court’s rulings on abortion in making the following endorsements. Yet, most cases before this court don’t have to do with hot-button issues. It hears appeals in civil cases such as medical malpractice settlements and disputes over property. We put a premium on integrity, competence and relevant experience, and often endorse candidates with whom we disagree on specific issues.

[…]

Place 4: Christine Vinh Weems, Democrat

The Republican incumbent in this race, John Devine, really is an activist and ideologue masquerading as a judge. In the primary, he narrowly beat out a principled conservative with experience as an appellate judge. We hope enough Republican voters are willing to put integrity above party in the general election.

Devine, 65, did not meet with us. He also routinely misses oral arguments so he can tour Texas to make the sorts of partisan speeches that judicial codes of ethics discourage. Judges ought to approach cases with an open mind, not with their fist jammed on the scales of justice. Another no-no are conflicts of interest, or even the appearance of one. That’s essential to maintaining the trust of the public, but Devine didn’t recuse himself from a sex abuse case the Texas Supreme Court heard against former Southern Baptist Convention leader Paul Pressler, even though Devine worked at Pressler’s law firm at the time the alleged abuse occurred. He’s bragged about being arrested at anti-abortion protests and gained notoriety for putting up a painting of the Ten Commandments in his courtroom. For voters who may agree with his belief that the concept of church-state separation is a “myth,” we ask you to consider whether his conduct matches your deeply held values.

The Democratic candidate, Christine Vinh Weems, 48, is a district court judge in Harris County who hears civil cases. In the Houston Bar Association judicial evaluation she received high marks, and she manages her docket efficiently. Her family fled Vietnam, and she would be the first Asian American elected at a statewide level in Texas. We wish that Weems had more experience in appellate law, but her temperament and experience as a judge will serve her well.

Devine not only violates basic codes of judicial conduct, he’s not showing up for work. We urge Democrats and Republicans to vote for Weems.

In a better world, Devine would never have won an election, but that’s not the world we’re in. I personally think it’s fine to elevate abortion access as an issue in these races and thus support the three Democrats running, if only to send a message and maybe add a bit of viewpoint diversity to the Court. But if for some reason you can only vote for one Democratic Supreme Court candidate, make it Christine Weems so we can get John Devine out of there. By any measure, the Court would be a much better place.

Posted in Election 2024 | Tagged , , , , , , , , , , , , | 1 Comment

Interview with Katherine Culbert

Katherine Culbert

Every two years we have an election for Railroad Commissioner, which means that every two years we get a batch of articles explaining how the Railroad Commission has nothing to do with railroads or trains. It’s about energy and regulating the oil and gas industry in Texas, which the Commission and its three Republican members would rather not do. This election’s candidate to change that is Katherine Culbert, who has plenty of knowledge of the industry thanks to her career as a process safety engineer. Among other things, the RRC has oversight on pipelines, which we all became a little more aware of after that deadly crash and massive fireball in the Deer Park/La Porte area. That was one of many things Katherine Culbert and I talked about, which you can listen to here:

We’re getting close to the start of early voting and I’m getting close to the end of this interview series. I still have a few more for you, so stay tuned and as always let me know what you think.

PREVIOUSLY:

Erica Lee Carter, CD18 special election
Sylvester Turner, CD18 general election
Lindsay London, Amarillo Reproductive Freedom Alliance
Plácido Gómez and Dani Hernandez, for the HISD bond
Ruth Kravetz of CVPE, against the HISD bond.
Katie Shumway, League of Women Voters Houston
Teneshia Hudspeth, Harris County Clerk

Posted in Election 2024 | Tagged , , , , | 2 Comments

The cost of the HISD bond

I feel like this would be getting less attention if it weren’t for Mike Miles.

Houston ISD’s $4.4 billion school bond would add an estimated $8.9 billion in debt for the district over more than 30 years if approved by voters in November, according to the election order.

As required by state law, the HISD Board of Managers approved an order on Aug. 8 calling for the school bond election during the upcoming general election. The document includes the ballot language, proposed bond projects and the district’s annual, preliminary projected debt obligations through 2058 if either or both of the propositions in the bond measure pass.

The bond proposes allocating about $2 billion for rebuilding and renovating schools and $1.35 billion for lead abatement, security upgrades, and heating, ventilation and air-conditioning improvements. It would also provide $1 billion to expand pre-K, build three new career and technical education centers and make technology upgrades without raising taxes.

It will be split into two propositions on the ballot that people can vote on separately. Proposition A would allocate $3.96 billion for school building renovations and expansions, including safety and security infrastructure, while Proposition B would allocate $440 million for technology equipment, systems and infrastructure.

Along with the listed cost on the ballot, the election order states that Proposition A will include more than $4.4 billion in estimated interest for the debt obligations, which would equal a combined cost of nearly $8.4 billion. Proposition B would add $89 million in interest payments in addition to the $440 million principal payment, with an estimated total cost of $529 million.

In total, if the bond passes, the principal costs of both measures would be about $4.4 billion, while the total estimated additional interest will be $4.5 billion.

According to the election order, HISD would have a debt service of approximately $2 billion through 2043, independent of the bond election results. The two bond propositions, if passed, would add more than $8.9 billion in debt through 2058 — increasing HISD’s total debt service to more than $10.9 billion, according to district estimates.

The projections are based on several assumptions, including a 30-year term for the four bond issues in 2025, 2026, 2027 and 2028. It also assumes a state-mandated $100,000 homestead exemption, a 5.5% interest rate on the debt and the availability of the Permanent School Fund Guarantee for all debt obligations.

“If the foregoing assumptions are met, the district does not anticipate the need for a tax rate increase to pay debt service on bonds issued pursuant to Proposition A,” the election order said. “Therefore, the estimated maximum annual increase in the amount of taxes imposed on a residence homestead to repay the debt obligations, if approved, is expected to be $0.”

Several HISD parents, teachers and other community members have expressed opposition to the bond due to a lack of trust in state-appointed Superintendent Mike Miles, concerns over transparency and accountability and the total cost of the bond measure, which would be the largest in state history if passed. Leaders of the Harris County Republican and Democratic party, HISD’s largest teachers union and the Houston NAACP are among the groups urging residents to vote against both propositions.

“Internal HISD documents reveal that with interest the bond will actually cost nearly $9 billion, more than double the $4.4 billion the district has claimed publicly,” said Zeph Capo, president of the Texas American Federation of Teachers. “Houston families don’t want to spend 30 years paying off this debt as appraisals rise and our taxes inevitably go up.”

I don’t care for this line of attack on the bonds. I don’t know what the exact conditions were for the previous bonds that we passed in 1998 and 2002 and 2007 and 2012, but I would expect that they were similar in nature – bonds are paid back with interest, interest compounds, and that results in a significant increase in the total amount paid. Take a look at your mortgage or car note sometime and see how much the overall amount paid will be if you just make the regular monthly payments. The numbers will vary and would be less if the interest rate were lower, but the basic math is the same.

And that’s why I don’t care for this. At some point, assuming as I do that this referendum will go down, we will want to pass a bond, as we have done every few years in the past and as so many of the current opponents have voted for before. Everyone agrees a bond is needed, the issue is with this one and that issue is Mike Miles. Why make it harder to do when you want to do it? The reason to oppose this bond issuance if one chooses to do so is because we don’t trust Mike Miles. I don’t see why it needs to be more complicated than that.

And again, if you are undecided on this bond or just want to know what people are saying about it, listen to my interviews with Plácido Gómez and Dani Hernandez for the HISD bond, and Ruth Kravetz of CVPE against it. I hope that helps.

Posted in Election 2024, School days | Tagged , , , , , , | 18 Comments

Art Car Museum to get a new home

A very pleasant surprise.

Six months ago, Houston’s Art Car Museum rolled out the news that it would shutter at the end of April. But now, plans are revving up to not only keep it open, but give it a brand new home – one where its delightful quirkiness will find a kindred spirit in strangeness.

A $1.25 million gift from the Harithas Family through the South Texas Charitable Foundation will give the recently closed museum a new home on the Orange Show Center for Visionary Art’s soon-to-be-redeveloped campus, located at the intersection of two of Houston’s most culturally significant neighborhoods, the Third Ward and the East End. The gift will ensure a permanent space celebrating art cars.

Visitors can expect rotating exhibitions of mobile masterpieces designed by local, national, and international artists, as well as the personal art car collection of Ann Harithas, who founded the Art Car Museum in 1998 with her husband, Jim. Ann passed away in 2021. Jim followed in 2023 and the beloved museum was left to their heirs, son Thomas Pascal “Will” Robinson and daughters Madeline Merrill, Molly Kemp, and Stephanie Loeffler.

[…]

The family says the Orange Show is a perfect place to carry on the art car legacy.

“The Orange Show was built on a foundation of supporting artists from all walks of life, and encouraging anyone to explore their personal creativity,” said Robinson, who sits on the Orange Show Center’s board. “We couldn’t be happier to entrust the Orange Show with our mother’s legacy and continue allowing Houston and the world.”

No opening date has been set, but it’s likely to be years in the future. Back in 2021, the Orange Show announced a major expansion project, which included expanded exhibit space adjacent to the Orange Show Monument.

See here for the background. I completely agree that the Orange Show is the best place for a revamped Art Car Museum. The Orange Show has been an integral part of the Art Car Parade for decades. They’re as compatible a set as you’ll find. I look forward to the grand opening, whenever it will be.

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Weekend link dump for October 6

“Back in the Reagan era, Republicans made “neighborhood” a key component of their political vocabulary. But in Trump’s bizarrely dystopian rendering of cities, meaningful place-based ties either don’t exist or don’t matter. Democrats can take the term back, making it the centerpiece of a fresh progressive vision.”

“The FBI is warning timeshare owners to be wary of a prevalent telemarketing scam involving a violent Mexican drug cartel that tries to trick people into believing someone wants to buy their property. This is the story of a couple who recently lost more than $50,000 to an ongoing timeshare scam that spans at least two dozen phony escrow, title and realty firms.”

“Your Favorite Musician’s Favorite App Is About to Disappear“.

“I think we can all agree it’s time to reform the Supreme Court. As of today, I have the bill to do it.”

“Congress is wholly unprepared for a mass casualty event”.

Confessions of a (Former) Christian Nationalist“. A good and somewhat surprising read.

Don’t depend on Google image searches for your mushroom safety info right now.

“Here are 11 times Trump obeyed the extremist group behind Project 2025″.

RIP, Kris Kristofferson, singer and songwriter who penned “Me And Bobby McGee” among others, and actor who starred in A Star Is Born and many more.

RIP, Dikembe Mutombo, basketball Hall of Famer, humanitarian, star of an iconic Geico commercial. My wife overlapped with him for a year at Georgetown and always said he was a delightful person. Jonathan Feigen of the Chron has some nice words to say as well.

RIP, Pete Rose, famous baseball player. I’ll leave it at that.

“The 2024 Chicago White Sox now stand alone in baseball’s hall of futility — 121 losses and counting, a staggering total too extreme to completely grasp. It’s surreal. It’s jaw-dropping. And if it had not actually happened, you might think it was impossible.”

Four words: Golden Bachelor in Paradise. I’m all in, but honestly what I really want to see is a Gen X Bachelor season. Make it happen, ABC.

“A lifelong Republican who voted twice for Mr. Trump, Mr. McGregor said that he had never imagined that speaking up on behalf of his workers would imperil his family.”

Local radio stations have been a vital lifeline to the people trying to recover from Hurricane Helene.

RIP, John Amos, actor best known for Good Times and Roots.

RIP, Gavin Creel, Broadway actor who won a Tony for “Hello, Dolly!” in 2017.

“Internal Emails Reveal How Hate Overwhelmed Springfield After Trump’s Lies About Haitian Immigrants”.

“A man who for some reason smashed up a guitar with a hammer in Texas may have thought it had been signed by Taylor Swift — but it was not, in fact, an official Swift-certified guitar.”

“How polls have adjusted since 2016″.

“This report aims to increase awareness of the DPRK’s efforts to obtain employment as IT workers and shed light on their operational tactics for obtaining employment and maintaining access to corporate systems.”

“So in comes Melania—and with her, one of the most persistent storylines of the Trump era: Donald Trump may be an extremist but the women around him are supposedly a moderating force. His wife in particular, with her projected sense of mystery and speculation that she is the silent victim of an awful man, has served as a convenient vehicle for this narrative.”

At least three women are claiming to have had romantic relationships with Robert F. Kennedy Jr. in just the last year, as he pursued a long-shot bid for the presidency”. How did this guy even have the time to pretend to run for President? And how is this just coming out now?

“By some estimates, Spruce Pine accounted for 70 percent of the high-purity quartz needed to produce the pure silicon used to make most advanced chips, including those needed for AI. On top of that, a single company in Taiwan, TSMC, manufactures the majority of those chips. And now, the disaster in Spruce Pine is drawing attention to how fragile the global chip supply chain already is.”

“In a previous era, Special Prosecutor Jack Smith’s newly unsealed 165-page brief about whether Donald Trump is immune from prosecution would generate Watergate-level coverage. These days, though, the newly unsealed document detailing the former president’s frantic efforts to steal the 2020 election had already rolled off the top of the New York Times and Washington Post’s homepages by Thursday morning.”

WordPress drama. Just please don’t screw up the software, I cannot do another conversion.

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Maybe those Appraisal District elections weren’t such a hot idea

Thanks to Tarrant County for setting the bad example.

The Tarrant Appraisal District’s recent changes to local tax policy might violate Texas law, according to a state lawmaker.

“I don’t believe the actions they’ve taken are legal,” Sen. Paul Bettencourt, R-Houston, said at a Senate Committee on Finance hearing in early September.

Bettencourt is the architect behind a constitutional amendment that reshaped the way taxing districts are governed in Texas. The amendment approved by voters in November gave residents the power to elect some appraisal district board members for the first time in history. Now, the lawmaker is concerned about the legality of the Tarrant Appraisal District’s subsequent shift in direction, which included major changes to its reappraisal plan — and he’s not the only one.

The Texas Taxpayers and Research Association, which explores the tax and fiscal impacts of proposed legislation, published a report detailing the ways in which Tarrant’s actions could violate state law. The district’s actions, the report states, “raise concerns about equal and uniform taxation, the scope of a (board of directors’) legal authority, and the integrity of the property tax system” should other taxing entities follow in Tarrant’s steps.

But legal concerns haven’t stopped other county appraisal districts from doing just that. Several counties have followed the lead of the Tarrant Appraisal District by enacting changes to their reappraisal plans, including moving reappraisals to once every three years, requiring a new level of evidence to raise property values, and freezing values after a successful protest.

Such changes are a few examples of the way that appraisal districts across Texas are grappling with the unforeseen consequences of a paradigm shift in the way county appraisal district board members are selected. The May elections largely flew under the radar; in Tarrant, they attracted only 6% of registered voters, and turnout rates were far lower in many less populous counties.

Since then, newly elected board members have taken action to address statewide frustration with the property tax burden faced by homeowners. Residents who fear being taxed out of their homes have praised efforts to change reappraisal plans while school districts have derided them, arguing that changes to how properties are assessed will wreak havoc on school finances.

Brent South, chief appraiser for Hunt County and the legislative chair for the Texas Association of Appraisal Districts, said the association didn’t really know what to expect when voters first approved the new elected positions. The association has always taken the position that politics and appraisals don’t mix, and the elections represented a fresh injection of politics into the system.

“And so there was some concern,” he said. “You don’t know the sky is falling until the sky is falling, and while I’m not saying the sky is falling, appraisal is a science.”

South said messing with that science — which is mandated by Texas tax code — could spell trouble.

“If boards of directors are dictating that the appraisal district should no longer appraise at market value, it kind of creates a conflict with what we’re required to do and what the local boards are expecting to be done,” he said.

There’s a lot more, so read the rest. One aspect of this that this story covers but I don’t recall seeing anything about before all the elections was that the Bettencourt bill/amendment largely undoes a signature law from 1979 (called the “Peveto bill” after its author, then-Rep. Wayne Peveto) that created the central appraisal districts and was intended to de-politicize the appraisal process. I like to say that you can’t take the politics out of an inherently political thing, and one can certainly debate how successful the Peveto bill was by its own standards.

But however you look at it, the Bettencourt bill was a huge change from that, one that got basically no debate and no public information beforehand. What it did get was slates of candidates like the three who were elected in Tarrant County (the story also looks at Johnson County, which went further than Tarrant, and Bexar County, which was a lot more modest in its changes) who came in with an agenda and bulled their way through it. And now not only does even Paul freaking Bettencourt think they may have overdone it (thanks for your concern, dude!), but cities and school districts are worried about what it all will do to their finances going forward.

At least here in Harris County we narrowly avoided that fate, thank to Kathy Blueford-Daniels’ win in May. That will only hold if Annette Ramirez wins the Tax Assessor race in November, so don’t get complacent. Maybe Bettencourt will try to clean up his mess a little in the next session. There will be November elections for these positions going forward, though as far as I can tell they will still be conducted as non-partisan races, which will give the zealots some cover. Go read that story and see what we thankfully missed out on, this time. Next time, let’s try to give ourselves some more cushion. Reform Austin has more.

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The Ted Cruz Curse continues

Sorry, Astros fans.

The Ted Cruz curse strikes (no pun intended) again. Allegedly.

The Texas senator’s attendance at sporting events across the state is famously dreaded, for reasons beyond politics. His appearance at ballparks, football fields and basketball courts has been frequently associated with various Texas teams’ ensuing losses.

And the phenomenon seemingly continued this week, after Cruz was spotted at Minute Maid Park Tuesday and Wednesday for both games of the Houston Astros’ back-to-back losses, which put a quick end to the baseball team’s postseason.

The “Cruz curse” was also the basis for a social media ad last month by Rep. Colin Allred, D-Texas, who is running to unseat Cruz this November

“Sports fans from across Texas are suffering from the same affliction,” the commercial’s narrator says, going on to blame Cruz for major losses including the University of Texas football team’s defeat in January’s Sugar Bowl and the Houston Rockets’ dashed playoff dreams back in 2018.

“Want to win? Lose Cruz,” the 30-second video concludes.

I first noticed the Cruz Curse after that Longhorn loss in the Sugar Bowl. He was at Kyle Field this September when the Aggies lost to Notre Dame. I’m not sure what’s funnier, that this is a thing at all or that it transcends sports and teams. Sports fans are deeply superstitious and they carry grudges, so you’d think he might be a bit more circumspect about this sort of thing by now. But then, if he were blessed with self-awareness, he wouldn’t be Ted Cruz.

Posted in Baseball, Election 2024, Other sports | Tagged , , , , , , , , , , , , | Comments Off on The Ted Cruz Curse continues