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Shelley Luther

Springer defeats Luther in SD30

Congratulations.

Rep. Drew Springer

State Rep. Drew Springer of Muenster prevailed over fellow Republican Shelley Luther in a special election runoff for a state Senate seat that was animated by Gov. Greg Abbott and his handling of the coronavirus pandemic.

Luther is the Dallas salon owner who was jailed earlier this year over her refusal to close her business due to coronavirus restrictions. Throughout the race, she was an outspoken critic of Abbott, who endorsed Springer in the runoff and spent hundreds of thousands of dollars of his own campaign funds to beat back Luther in the race to succeed outgoing state Sen. Pat Fallon, R-Prosper.

[…]

Springer declared victory on social media, posting statements on Twitter and Facebook that said he would “continue advancing the conservative priorities of our district like reducing property taxes, securing the border, and standing up for our law enforcement and first responders who keep our communities safe.”

“I will fight to ensure Texas remains the premier place in the nation to do business, so we can unleash the private sector to create jobs and move us out of this recession,” he wrote.

Luther ran as a political outsider, attacking Springer as a tool of the “Austin swamp” who would go along to get along in the upper chamber. Springer campaigned as a proven conservative, arguing Luther could not be trusted.

When it came to the pandemic, Luther leaned heavily on her experience being sent to jail, labeling Abbott a “tyrant” over the business shutdowns he initiated and calling for a 2022 primary challenge to the governor. While not as bombastic, Springer also expressed disagreement with some of the governor’s coronavirus handling, even after earning Abbott’s endorsement.

See here for the background. Like I said, there were no good choices in this race, but but at least we’ve been spared the hot takes and national attention that a Luther win would have meant. Maybe now Shelley Luther will go back to being an obscure small business owner that none of us had to pay attention to or care about. We can hope for that much.

Springer’s win will also trigger another special election, to fill his seat in HD68. I presume Abbott will call that pretty quickly after Springer gets sworn in, since the session is about to begin. I’d expect it in late January, and any subsequent runoff would be in early March or so. Like SD30, this is a deep red district 83.3% for Ted Cruz in 2018), so the partisan balance is not in doubt. The only question is whether Springer’s replacement will be more like him, or more like Shelley Luther.

It’s runoff day in SD30

Truly the final election of 2020.

Rep. Drew Springer

Gov. Greg Abbott stayed out of the September special election for a Texas state Senate seat in rural North Texas, content to let his coronavirus response become a flashpoint between two members of his own party.

But now that the race is down to a Saturday runoff, Abbott has gone all in.

The race pits state Rep. Drew Springer of Muenster against fellow Republican Shelley Luther, the Dallas salon owner who went to jail after defying Abbott’s pandemic orders earlier this year. Ahead of the 2021 legislative session — and the 2022 primary season — Abbott is determined to make an example out of Luther, who has become an avatar of his intraparty detractors.

Abbott endorsed Springer earlier this month, making official a preference that many had suspected after Luther spent months lacerating Abbott’s pandemic management. The governor’s campaign has since made over a quarter-million dollars worth of in-kind contributions to Springer. And in the runoff’s final week, his campaign is airing a TV spot attacking Luther, the first time it has spent serious ad dollars against a member of his own party since he sought to defeat a trio of state House Republicans in the 2018 primary.

“What are they so afraid of?” Luther asked during a debate Wednesday, leaning in to the proxy war that was apparent before the September election but has become far more explicit since then.

As Abbott has poured his campaign resources into the runoff, Luther has received even more funding from Tim Dunn, the hard-right megadonor and board chair of the advocacy group Empower Texans who has overwhelmingly bankrolled her campaign. After loaning Luther $1 million during the first round, he has donated $700,000 to her in the runoff, including $200,000 on Monday.

Springer said during the debate that Luther has taken “$1.7 million from a billionaire in West Texas who is trying to buy this seat.”

“He knows he will control Shelley Luther,” Springer said, “and that is why he is willing to spend that kind of money.”

[…]

While at least a couple of new issues have cropped up in the runoff, the race remains animated by Abbott’s coronavirus handling and conservative angst over it. There was a fresh reminder of the state’s restrictions earlier this month when a large part of North Texas had to roll back business reopenings because its hospital region saw coronavirus patients make up more than 15% of its capacity for seven straight days.

When Abbott endorsed Springer, Luther issued a response that reminded supporters that it was the governor’s “unconstitutional orders that put me in jail for opening my business.” (Abbott later updated an order to remove the threat of jail time.) And at the end of the response, Luther attached an illustration depicting the runoff as a choice between Abbott and Springer, both wearing masks, and her and President Donald Trump, both unmasked.

Let’s be clear that neither of these candidates are any good from our perspective. Springer at least has some amount of “normal legislator” about him – the Texas ParentPAC sent out an email on Thursday announcing their support for Springer, so he’s got that going for him – while Luther is both a complete vanity candidate – as in, entirely motivated by her own self interest – and the preferred candidate of the Empower Texans evil empire. The only positive she brings is the poke in Abbott’s eye she would bring. I may get five seconds of grim enjoyment out of that if she wins today, but that’s about it.

The next elections

Just a reminder, there are two elections on the calendar for December:

See here for the background. The first link in that tweet goes to this County Clerk press release, which came out right after the election was officially set by the court. Doesn’t look like early voting information is available at harrisvotes.com yet, but I expect it will be soon. Oh, and if somehow you or someone you know who lives in the district is not registered to vote, the deadline to do so and vote in this election is tomorrow.

Meanwhile, up north:

Gov. Greg Abbott announced Saturday that Dec. 19 will be the date for the special election runoff to succeed state Sen. Pat Fallon, R-Prosper.

The runoff in Fallon’s solidly red district pits state Rep. Drew Springer, R-Muenster, against fellow Republican Shelley Luther, the Dallas salon owner who was jailed earlier this year over her refusal to close her business due to coronavirus restrictions.

Early voting for the runoff will start Dec. 9, Abbott said.

Luther and Springer finished close together in the Sept. 29 special election, which included three other Republicans and a Democrat. Luther edged out Springer, 32.17% to 31.93%, ahead by 164 votes out of 68,807 total.

That story is from October – there were just too many other things happening around then to blog about a two-months-out special State Senate election, but now is a better time for that. If Rep. Springer wins, then there will be another special election to fill his seat. Some years we get a fair bit of shuffling after the November election. In 2019, we had a special election to fill SD06 after now-US Rep. Sylvia Garcia was elected in CD29, then another special election to fill HD145 after now-Sen. Carol Alvarado won that race. Specials were also needed in HDs 79 (Joe Pickett resigned due to health issues) and 125 (Justin Rodriguez was appointed to Bexar County Commissioners Court). You never know what may happen this year. One way or another, it’s always election season somewhere.

When Republicans fight

Such a sight to see.

Gov. Greg Abbott’s most exasperating allies sure chose an awkward time to act up.

In the face of a momentous election, with an array of issues that includes the pandemic, the recession, climate change, racial justice, law enforcement and the next appointment to the U.S. Supreme Court, the chairman of the Texas GOP and a gang of lawmakers and activists have instead picked a fight with Abbott, who isn’t even on the ballot, over his response to the pandemic.

On the surface, they’re asking the courts to tell the governor that adding six more days of early voting to the calendar was outside of his powers. Abbott made the move under emergency powers he has claimed during the pandemic — the same powers he has used at various times to shut down schools, limit crowd sizes and limit how many customers businesses can serve at a time, or in some cases, to close businesses altogether.

The timing is connected to the Nov. 3 general election; even with the arguments over emergency powers, opponents of the governor’s action would be expected to grab for a remedy before early voting starts on Oct. 13. One might say the same about other lawsuits challenging the governor’s orders — that they’re tied not to politics, but to current events. Bar owners want to open their bars, for instance, and are not in the financial condition or the mood to stay closed until after the elections just to make the current set of incumbents look good.

What’s unusual is to see so many prominent Republican names on the top of a lawsuit against the Republican governor of Texas this close to an election.

In a gentler time, that might be called unseemly or distracting. Speaking ill of another Republican was considered out of bounds for a while there. Those days are over. What’s happening in Texas illustrates how the pandemic, the economy and other issues have shaken political norms.

As the story notes, this is also playing out in the SD30 special election, where Shelley Luther – supported by a million dollars from one of the Empower Texans moneybags – is busy calling Abbott a “tyrant”. There’s talk of various potential primary challengers to Abbott in 2022 – see the comments to this post for a couple of names – but I don’t see any serious threat to him as yet. If Dan Patrick decides he wants a promotion, then we’ve got something. Until then, it’s all talk.

But let me float an alternate scenario by you. What if the nihilist billionaires behind Empower Texans decide that Abbott and the Republican Party have totally sold out on them, and instead of finding someone to take Abbott out in a primary, they bankroll a petition drive to put some pet wingnut on the November ballot, as an independent or the nominee of some new party they just invented? It’s crazy and almost certain to hand the Governor’s mansion over to the Democratic nominee, but no one ever said these guys were strategic geniuses. It’s been said that there are three real political parties in Texas – the Democrats, the establishment Republicans, and the far right whackadoo Republicans. This would arguably be an outgrowth of that, and in what we all hope is a post-Trump world, there may be similar splits happening elsewhere.

How likely is this? As I said, it makes no sense in the abstract. It’s nearly impossible to see a path to victory for either Abbott or the appointed anti-Abbott. It’s instructive to compare to 2006, where Carole Keeton Strayhorn and Kinky Friedman were taking votes away from both Rick Perry and Chris Bell. Nobody who considers themselves remotely a Democrat is going to be wooed by whoever Empower Texans could vomit onto the ballot. Maybe they would consider a victory by Julian Castro or whichever Dem to be preferable to another Abbott term, in their own version of “the two parties are the same, we must burn down the duopoly to get everything we want”. Just because it makes no sense doesn’t mean it can’t happen. For now, if I had to bet, my money would be on some token but not completely obscure challenger to Abbott in the primary – think Steve Stockman against John Cornyn in 2014, something like that. But a lot can happen in a year, and if the Dems do well this November, that could add to the pressure against Abbott. Who knows? Just another bubbling plot line to keep an eye on.

Luther and Springer advance to SD30 runoff

By the way, that special election in SD30 to succeed Pat Fallon was on Tuesday, and the two presumed leading contenders were basically tied at the top.

Sen. Pat Fallon

Republicans Shelley Luther and Drew Springer are advancing to a runoff in the special election to replace state Sen. Pat Fallon, R-Prosper, according to unofficial election returns.

Each was getting about 32% of the vote late Tuesday in the six-way special election, with all polling locations reporting. Luther is the Dallas salon owner who was jailed earlier this year after refusing to close her business due to coronavirus restrictions, and Springer is the state representative from Muenster. The runoff has yet to be scheduled.

The sole Democratic candidate, Jacob Minter, was trailing in third with 21% of the vote. None of the other three candidates broke double digits.

Tensions were already running high between Luther and Springer, and the runoff is poised to be even more contentious. Addressing supporters shortly after 10 p.m. in Aubrey, Luther sought to prepare them for a brutal second round.

“I refuse to act like a politician,” she said. “I refuse to sling personal mud and lies … so when we go to this runoff, no matter how dirty they get, no matter how disgusting they are, we will rise above that because we don’t need to be that way.”

Springer briefly thanked his supporters on social media a short time later. “On to the runoff!” he wrote.

See here for the background. The runoff will be scheduled by Greg Abbott after the vote has been officially cannvassed; my best guess is it will be in early December. The choice, such as it is, is between standard issue conservative Republican Drew Springer and Empower Texans-backed Abbott-bashing loose cannon Shelley Luther. May God have mercy on the souls of everyone who will be subjected to another sixty days or so of advertising in this race.

Six file in SD30

One of these folks will be a State Senator.

Sen. Pat Fallon

The most prominent contenders for the solidly red seat are state Rep. Drew Springer of Muenster and fellow Republican Shelley Luther,the Dallas salon owner who was jailed earlier this year over her refusal to close her business due to the coronavirus pandemic. Both Springer and Luther had announced their campaigns ahead of Friday’s filing deadline.

Here are the four other candidates who filed to compete in the Sept. 29 special election:

  • Republican Craig Carter, who ran against Fallon in the 2018 primary for the state Senate seat and got 15% in the three-way contest
  • Republican Andy Hopper, a Decatur engineer and member of the Texas State Guard
  • Democrat Jacob Minter, recording secretary for the International Brotherhood of Electrical Workers Local 20
  • Republican Chris Watts, mayor of Denton

The special election is happening because Fallon is poised to join Congress after party insiders picked him earlier this month to replace former U.S. Rep. John Ratcliffe, R-Heath, on the November ballot. Fallon is likely to win the general election because the congressional district is overwhelmingly Republican.

See here for the background. It’s nice to see a Democrat in the race, but as I said before this is a super-red district, so keep your expectations very modest. Early voting begins September 14, and Election Day is September 29. Rep. Springer has the support of outgoing Sen. Fallon and a significant portion of the Republican House cancus, but expect this to go to a runoff anyway.

Special election set for SD30

Can’t wait till November, apparently.

Sen. Pat Fallon

Gov. Greg Abbott on Sunday announced the special election to replace state Sen. Pat Fallon, R-Prosper, will be Sept. 29, setting off a sped-up race to fill his seat ahead of the next legislative session now that he is likely headed to Congress.

Minutes after Abbott’s announcement, state Rep. Drew Springer, R-Muenster, announced his campaign for the safely red seat in Senate District 30. Springer also said he had Fallon’s endorsement.

“I bring my conservative record & hard work to the race, along with a life of being raised, educated, & working in SD30,” Springer tweeted.

The filing deadline for the special election will be less than a week away — Friday — and early voting begins Sept. 14, according to Abbott’s proclamation.

Abbott invoked what is known as an “emergency special election” to schedule the contest on a tighter timeline than usual. He cited the need for SD-30 to have representation when the Legislature returns in January, particularly in light of the coronavirus pandemic.

[…]

The timing of the special election had been up in the air in recent days because Fallon had not vacated the seat yet and said as recently as Wednesday he was still figuring out when to give it up. Fallon ended up resigning in a letter to Abbott dated Saturday, saying the resignation would be effective at midnight Jan. 4.

The winner of the special election will finish Fallon’s term, which goes until January 2023.

I mean, okay, sure, but I can’t help but feel a little bitter about the nickel-and-dime treatment Abbott gave Sylvia Garcia’s resignation, in July of 2018. He did eventually set a short date for a special election when Garcia resigned again, with language that wasn’t nitpick-able. Maybe I’m making too big a deal over something that was ultimately more petty than meaningful, but here I am anyway.

In the meantime, Rep. Springer’s main opponent will be this person.

Shelley Luther, the Dallas salon owner who was jailed over reopening her business amid the coronavirus pandemic, said Saturday that she is running for Texas Senate.

Luther, who lives in Denton County, had been considering a run to replace state Sen. Pat Fallon, R-Prosper, in a yet-to-be-called special election now that he is poised to head to Congress.

“You better bet I’m putting my hat in the ring,” Luther said during a “Back the Blue” rally supporting law enforcement in Denton County.

[…]

At the rally, Luther touted herself to a cheering crowd as someone who would “stand up and go to jail for you,” saying she would “do it again and again because I’m gonna fight to keep our Texas values.” She made the remarks in a video from the rally posted to her Twitter account.

Earlier this month, county and precinct chairs picked Fallon to replace former U.S. Rep. John Ratcliffe, R-Heath, on the fall ballot now that Ratcliffe is the director of national intelligence. While there is a Democratic nominee, Russell Foster, Fallon is likely to win in November because the congressional district is overwhelmingly Republican.

The special election to finish Fallon’s term in safely red Senate District 30 has not been set yet — and it cannot be scheduled until he vacates the seat. He could do that automatically by taking office in January as a congressman or by resigning early.

Fallon said Wednesday he is still figuring out when to vacate the seat but that he was intent on ensuring there is “not gonna be a gap where there’s no senator.”

See here for the background. Denton Mayor Chris Watts is also a potential candidates for this race. There may be a Democrat at some point, but this is a district that voted 72% for Ted Cruz in 2018, so don’t expect much. We’re rooting for the least worst Republican here, and who that is may be hard to tell at a glance. Shelley Luther has a lot of notoriety and a fine grasp of the kind of blonde-suburban-lady grievance politics that elevated another blonde lady named Shelley to prominence some years ago. Stock up on the Maalox now, you’re going to need it.

Most likely, the timing of this special election to some extent takes care of any concerns Republicans may have about the House being down a member if Springer wins and there needs to be a special to replace him. You can probably have a runoff for this seat by early November, and thus a special for Springer’s House seat in December, with a runoff in January. Still could possibly get dicey if there’s a tight Speaker’s race, but one can only do so much. The set of circumstances where this all matters is fairly limited, though if it does matter it will matter a lot. We’ll see how it goes.

COVID executive order lawsuit update

Hard to keep track of all these, I know.

The state of Texas and Gov. Greg Abbott have denied a Dallas salon owner’s allegations that COVID-19 emergency orders suspending state laws are unconstitutional.

Abbott and the state specifically denied allegations that the Texas Disaster Act of 1975 “improperly delegates power to the governor and local executive officials,” said the defendants’ answer, filed Tuesday in Dallas County district court.

It’s a constitutional attack that the state of Texas is now defending in multiple courts, as business owners file lawsuits against the government over COVID-19 shutdown orders, or the definitions of essential versus nonessential businesses.

Litigants in multiple cases have gone to the Texas Supreme Court with disputes that arose because of the pandemic, but the high court hasn’t yet accepted an appeal to decide the dispute. But one justice, John Devine, signaled in a concurring opinion that Abbott’s practice of suspending Texas laws during the pandemic was a violation of the Texas Constitution.

“We are going to amend our claims to ask for a temporary injunction, which we are certain will be denied. Then we will start marching it up the ladder to the Texas Supreme Court,” said Warren Norred, who represents Shelley Luther, the Dallas salon owner. “All these cases that have hit the Supreme Court, the high court has said, ‘We’re waiting patiently for you guys to get us a case in the proper channels.’ … They’re watching, but they’ve been very reluctant to act, until we on the litigation side do it right.”

This particular case involves Luther, who made international headlines when she was jailed for contempt of court because she violated a judge’s temporary restraining order. Luther had opened her salon during a time a government shutdown order didn’t allow it, and so the city of Dallas sued her and won the order that said she had to close down again. When a Dallas district judge jailed her for violating his court order, she filed a writ of habeas corpus to the Supreme Court and won an emergency stay that released her from jail. Her habeas writ appeal is still pending.

Later in the litigation, Luther brought the state and Abbott into the case by filing a counterclaim. It alleged that the Texas Disaster Act of 1975, the law that underlies the Dallas emergency rules, is void because it unconstitutionally delegates legislative power that belongs to the governor, county judges and city mayors. She argued that the emergency rules violate separation of powers, are void for vagueness, violate due process and equal protection, and more.

Far as I can tell, the original lawsuit was filed in April. I didn’t blog about it at the time (though I have been following other litigation about coronavirus and executive power pretty closely), and Google searches for a lawsuit in Dallas County involving coronavirus and Greg Abbott run into a wall at May 7, when there were a million stories about Shelley Luther totally pwning Abbott and his shutdown order. Anyway, the state’s response is what you’d expect – the plaintiffs have no standing, the court has no jurisdiction, the law in question is totally legal, etc. This is just in the district court, and we all know it’s going to end up at the Supreme Court, so settle in and get comfortable. We’re just getting started, and there’s a long road ahead.

Greg Abbott has no one to blame but himself

Let’s be very clear about this.

Gov. Greg Abbott is under increasing political fire from fellow Republicans as well as Democrats as he responds to a sharp rise in coronavirus deaths — a record 112 on Wednesday and 106 on Thursday — by implementing more restrictions on Texans and increasingly warning of another shutdown if people fail to wear masks.

Prominent Democrats are blasting Abbott for reopening too quickly and shrugging off early warning signs. On the other side, county Republican Party committees are passing censures of Abbott for some of his latest orders, including one requiring people to wear masks in counties reporting at least 20 people infected with COVID-19. Those who violate the order face $250 fines, but no possibility of jail time.

On Wednesday, the Montgomery County Republican Executive Committee voted 40-0 to censure Abbott, joining at least three other county executive committees that have taken similar steps.

Even Republican state lawmakers are beginning to press Abbott to call a special session to cede some of the decision-making to them. State Sen. Charles Perry, R-Lubbock, said in a Fox News Channel interview that it’s time for the Legislature to be more involved and not just leave it all up to the governor.

“We have information and a lot of misinformation out there, honestly, that needs to be vetted by a legislative body,” Perry said.

It’s all coming as Abbott warns the daily number of deaths is going to keep rising.

“I think the numbers are going to look worse as we go into next week,” Abbott told Fox 26 in Houston during an interview Thursday night. “We need to make sure there are going to be plenty of hospital beds available in the Houston area.”

[…]

The criticism from Democrats comes days after Harris County Judge Lina Hidalgo said Sunday on ABC’s This Week that she and other county and city officials need Abbott to give them the authority to issue stay-at-home orders again, calling it the surest way for them to get out of the crisis. She said leaders need to be taking bold aggressive steps because of how serious things have become in Houston and Texas overall. Abbott has so far declined.

“We don’t have room to experiment,” Hidalgo said. “We don’t have room for incrementalism, when we’re seeing these kinds of numbers, nor should we wait for all the hospital beds to fill and all these people to die before we take drastic action.”

I have many thoughts about this.

– The original sin in all this, from whence all other bad decisions and unenforceable actions flow, was the inexcusable, unfathomable, and completely self-inflicted Shelley Luther saga, which the Chron’s editorial board correctly identifies as a primary failing. It’s not just that Abbott took the teeth out of his own executive orders the very first time they ran into resistance, taking Luther off the hook like that – hell, turning her into a goddam folk hero, paying her court fees, bowing and scraping to her – it’s that this sent a very clear message that there are no consequences for violating any laws or orders related to coronavirus. You can draw a straight line from this to sheriffs saying they can’t or won’t enforce the current mask order, even as Abbott is now practically begging everyone to wear a mask. Turns out undermining the rule of law is a bad idea. Who knew?

– The problem with the Shelley Luther incident wasn’t just the undermining of the rule of law, or the evisceration of any consequences for pro-COVID behavior. It was the message it sent, from the top, that the people who didn’t feel like doing their part to fight the virus, who felt that their feelings and personal definition of “liberty” mattered more than anything else, were legitimate and needed to be handled as special and exceptional. Abbott could have very reasonably expressed empathy for Shelley Luther, said words to the effect of “I know this is hard, I know small businesspeople like her are suffering, but we have to bear down and really beat this virus back so that we can get back to normal life and business like we all want”. The fact that he didn’t is a clear and ongoing failure of leadership on his part.

– Yes, I know, that same message about “my feelings are bigger than your face mask” as well as pressure to “reopen the economy” came from Donald Trump as well, and Abbott had to be concerned about the heat he was getting from his fellow Republicans. I will note that other Republican governors, like Mike DeWine in Ohio, managed to figure this out. No one ever said that being Governor was going to be easy. If Greg Abbott didn’t have the fortitude to withstand the carping from the Steven Hotze wing of his party, then he has no business being Governor.

– Another self-inflicted wound in all this has been Abbott’s abrogation of the executive powers that Mayors and County Judges had exercised in the early days of the pandemic. Remember when cities and counties were issuing stay-at-home orders, and Abbott used that as justification for him not doing the same statewide because different counties have different needs? Abbott eventually and correctly bowed to pressure to issue a statewide stay-at-home order, but in doing so he basically took away all of the local decision-making power that Mayors and County Judges had. That has come back to bite him, as the big urban counties have been complaining for weeks about their need to respond to local conditions. The capper to this was the utterly ludicrous “you solved my riddle”, in which Abbott revealed that County Judges had the power all along to order businesses to require masks for their employees and customers, but he wasn’t going to tell them that, they had to figure that out on their own even though they had been loudly saying that getting more people to wear masks was the main thing they could do to help with the pandemic. Letting local authorities have more power to make local decisions was not only the better call for fighting the virus, it would have shifted a lot of the heat Abbott now feels from him to them, with “them” mostly being Democrats. When Abbott took their power away back in April, it was seen as him coming in to take credit for their work. Too bad for him that work wasn’t finished, because it’s all on him now.

– Let’s also not forget the fact that when Abbott announced his intent to reopen, he announced four criteria that were supposed to guide the reopening timeline. Those were declining case rates, declining positive test rates, enough contact tracers, and sufficient hospital capacity. Only that last one was ever met, and because the other three were completely ignored, the hospitals are now overwhelmed. A more far-sighted leader would have counseled patience, saying we need to reach these benchmarks before we get to do the things we want to do. But as established, Abbott isn’t a leader at all, and so here we are.

– Finally, and I have said this before as well, I do agree that at some point Abbott should have called a special session, partly to clarify his own executive powers and thus blunt some of the lawsuits that have been filed over stay-at-home and face mask orders, and partly to share the responsibility with the legislative body. Abbott has repeatedly shown that he likes to operate in a bubble, where he does his thing and no one gets to ask him any questions unless they’ve been pre-approved and invited to do so. I get that hating on the mainstream media is a standard part of the Republican playbook, but I think Abbott’s self-imposed isolation isn’t serving him well simply because he’s not hearing from anyone who isn’t in his inner circle. The Lege can serve as a foil, or at least a partner in taking the blame, but not when you’re a one-man show.

Every step of the way, Greg Abbott could have made better decisions. It was clear at the time he was making those decisions that he was choosing poorly. Now we are all facing the consequences of those bad decisions. Greg Abbott bears the responsibility for what happened. Never forget that.

Abbott’s approval rating

This has gotten a bit of chatter, so let’s take a closer look.

We released the remaining results of the June 2020 UT/Texas Politics Project Poll today. This post focuses on Texans’ assessment of the state’s political leaders, the state of the economy in Texas, and the direction the state is headed.

The poll also included results on attitudes on the coronavirus and the ongoing response; race, policing, and recent protests; and the national economy and political landscape. There are links to a summary of all results and a crosstab file at the top of this page. As always, these files are available in the Texas Politics Project polling data archive, along with a data file and codebook. All the graphics in this post as well as hundreds of others from the June poll are available at the archive and at our “latest poll” page.

Governor Greg Abbott’s job approval rating dropped just below 50% approval – though at 49%, just below – for the first time in two years, an 7-point decline since the April UT/Texas Tribune Poll, while disapproval of his job performance increased from 32% in both February and April polling to 39% in June.

Abbott’s 56% overall job approval in April represented the highwater mark of his governorship, seemingly buoyed by relatively high approval from Democrats, 24% of whom approved of the job he was doing in the early stages of the state’s attempts to grapple with COVID-19. In the meantime, Abbott reopened Texas, but has since been forced to batten down the hatches when the opening contributed to a resurgence of the virus. His approval numbers among Democrats sagged to 13%, with 74% disapproving – 51% disapproving strongly – the highest disapproval rate among Democrats of his governorship.

Abbott’s approval rating among Republicans decreased from 88% to 83% over the same period, remaining within a long established band, and a sign that carping from far-right opinion leaders, grass tops groups, and a small handful of state legislators does not seem to be rampant among his base.

Approval of Abbott’s handling of the coronavirus/COVID-19 was approximate to his overall job approval rating: 49% approved and 41% disapproved. However, this represented a significant decline from his April ratings in which 56% expressed approval compared to only 29% who disapproved.

You should click over to see the charts. Oddly, Abbott registered a 48% approval rating, against 34% disapproval, in their February poll, so that sentence about “first time in two years” is not accurate, but whatever. If you look at the trend lines, Abbott’s approval rating in this poll was remarkably stable, either 51% or 52% all through 2018 and 2019, before dipping to 48% then jumping to 56% and sliding back to 49% in the three polls so far this year. If you look at it that way, over the longer term, 49% isn’t really out of line – the 56% result is the outlier – though the 39% disapproval is a new high. The last two results have the lowest “don’t know/no opinion” responses, which may also be driving these extremes for him.

You know my mantra about polls: This is just one result. What have the other polls said about Abbott’s approval rating lately? I’m glad you asked:

UT/Trib, July 2

Trump 46 approve, 48 disapprove
Abbott 49 approve, 39 disapprove

Fox, June 25

Trump 50 approve, 48 disapprove
Abbott 63 approve, 32 disapprove

Quinnipiac, June 3

Trump 45 approve, 50 disapprove
Abbott 56 approve, 32 disapprove

Emerson, May 13

Trump 46 approve, 44 disapprove
Abbott 54 approve, 32 disapprove

There have been several PPP polls of Texas in this time frame, but alas, none of them have asked about Greg Abbott, so this is all we have. This will I hope reinforce my point that the UT/Trib poll is but one result, and we’re going to need more data points before we can draw any conclusions. It would be nice to think that Abbott is justifiably suffering for his crappy response to coronavirus, but it’s too soon to tell.

That said, Ross Ramsey makes a good point.

If Abbott were on the ballot this year, he’d face real competition — even in a Republican Party primary. Former state Sen. Don Huffines of Dallas has been on the speaking circuit since before the pandemic, telling crowds about what he sees as a fake conservative government dominated by Republicans in Austin.

The new conservative phenom, Shelley Luther of Pilot Point, is still on the hustings months after her protest of Abbott’s business shutdowns, her jailing and the opening of her Dallas salon — the reasons that we know her name. She recently said at an Austin rally that she’s thinking about a run for office.

And there’s always Patrick, the lieutenant governor whose strength with small government and social conservatives has always worked as a restraint against Abbott siding with the party’s moderates.

All that is to say nothing of the Democrats, who, amid a generational change in top talent, have built a bench of candidates in local government, a crew that includes officeholders like Harris County Judge Lina Hidalgo and Dallas County Judge Clay Jenkins, both of whom insisted the governor was too quick to relax his efforts to control the spread of the coronavirus, and both of whom have been at odds with him about pushing for tougher measures to slow it now.

[…]

It’s too early to handicap 2022; we don’t know what’s going to happen in the elections four months from now. But it’s not too early to scan the field, to see whether the issues are bending to the advantage of incumbents or potential challengers.

Change comes fast, too: At the beginning of this year, Abbott looked strong, with a great economy, a sound state budget and only the early rumblings of a worldwide pandemic.

And now? That early stability has evaporated, and the politics have become more treacherous.

It’s a long way to 2022, and in between is a legislative session where Abbott can woo back the crazies or try to get stuff done to bolster his image with everyone else. A lot can happen, and Abbott has a smart political team who are seeing the same things we are. But at least there’s hope. The Texas Signal has more.

(If you scroll down a little further on that UT/Texas Politics Project page, you’ll see that Dan Patrick’s approval rating has been headed towards negative territory, and is considerably worse than where it was just before the last election, which he barely won. So we have that going for us, which is nice. But again, always be wary of single data points.)

So how’s Greg Abbott doing post-mask order?

Greg Abbott consistently polls as the politician with the highest approval rating in the state. He was basking in adulation a few weeks ago when things were reopening and the coronavirus numbers still looked good. How are things going for him now that he’s had to shut down the bars and require masks and we’re all worried about the hospitals overflowing? Well, there’s this:

The Montgomery County Sheriff’s Office says it will not enforce Gov. Greg Abbott’s order requiring most Texans to wear masks when they’re in public.

In a statement, the agency said it “will take NO actions to enforce” the order, arguing that it is unenforceable because it doesn’t allow law enforcement to detain, arrest or jail violators.

“This language strips law enforcement of the necessary tools to enforce compliance with the law,” the agency said.

[…]

The sheriff’s office argued the order could subject it to civil liability if deputies stop someone for failing to wear a mask and it is misconstrued as a detention. The agency said “holding someone for the purpose of issuing a citation related to a fine is a legally defined detention under current Texas law.”

“We are in a public health crisis and we will use this opportunity to educate our community while still respecting individual liberties,” the sheriff’s office said.

They did say they would respond to a call from a business who had a customer who refused to wear a mask upon entering. Sheriffs from a couple of other Republican counties have made similar statements as well. I mean, I can kind of see their point here, and as we know Greg Abbott basically destroyed the legitimacy of any kind of enforcement mechanism for mask and stay-at-home orders in the Shelley Luther debacle. It’s still a bit stunning to see a Republican sheriff say publicly that they won’t do what Abbott wants them to do. They appear to have no fear of political blowback.

Which leads us to this:

The Ector County Republican Party voted Saturday to censure Gov. Greg Abbott, accusing him of overstepping his authority in responding to the coronavirus pandemic, while state Sen. Charles Perry, R-Lubbock, called for a special session so lawmakers could have a say in how Texas proceeds amid soaring caseloads.

The party executive committee in Ector County, home to Odessa, passed the censure resolution 10-1, with one abstention and three voting members who were not present, according to the chairperson, Tisha Crow. She said she was among those who supported the resolution, which accuses Abbott of violating five party principles related to his exercise of executive power during the pandemic.

While the resolution asks that delegates to the state convention later this month consider — and affirm — Ector County’s action, Crow said consideration is “not guaranteed,” and one precinct chair, Aubrey Mayberry, said the resolution “doesn’t have any teeth” for now — but that it was important to send a message about what they consider Abbott’s overreach.

Mayberry, who voted for the resolution, said he was working with precinct chairs in other Texas counties to get similar resolutions passed ahead of the convention.

That’s a pretty direct slap in the face, and with the state GOP convention almost upon us, the potential for this to become A Thing is substantial. Will that represent some steam that has been blown off, or will it be the first step towards a serious rebellion? That’s an excellent question.

[State Sen. Charles] Perry wrote Saturday on Facebook that he is “deeply concerned about the unilateral power being used with no end in sight.”

“This is why I urge Governor Abbott to convene a special session to allow the legislature to pass legislation and hold hearings regarding the COVID-19 response,” Perry said. “It should not be the sole responsibility of one person to manage all of the issues related to a disaster that has no end in sight.”

In the upper chamber, state Sen. Bob Hall, R-Edgewood, has also called for a special session, as have several House Republicans.

State Rep. Trey Martinez Fischer had previously called on Abbott to work with the Legislature on COVID response instead of acting so unilaterally, though he’s a Democrat and I didn’t see the words “special session” in that article. As I have said repeatedly, the extent of the Governor’s emergency powers is a subject that really demands further discussion, and so far all we’ve gotten is a bunch of Hotze/Woodfill lawsuits, which is the worst possible way to come to a decision about what Abbott and whoever succeeds him can and cannot do. Among other things, I think this is exposing a real weakness in our 20-weeks-every-other-year legislative calendar, precisely because there’s a lot of things that the Lege can and should be doing right now, but is unable to because they’re not in session. The same was true in 2017 following Hurricane Harvey, though at least there everyone understood what the emergency actions were for and there was a clearer metric for when they would be lifted.

I would argue that legislators need to think about proposing some constitutional amendments to 1) more clearly define the parameters of the Governor’s executive power, and 2) maybe automatically trigger a special session under certain crisis conditions. I obviously haven’t thought this all through, and I don’t want to see legislators rushing forth with half-baked ideas, but I am serious that we need to take a look at this. The current model of “Governor hands down orders from on high that no one knew were coming and then gets sued by a couple of crackpots from Houston so that the courts can eventually sort it all out” doesn’t seem like it’s sustainable.

How Texas screwed it all up

That’s a more succinct headline for this story about how Texas went from having a low COVID-19 infection rate to one of the worst in the country. And the vast majority of the responsibility for this is on Greg Abbott.

In Houston, the largest medical campus in the world has exceeded its base intensive care capacity. In the Rio Grande Valley, elected officials pleaded this week for military intervention to avoid a “humanitarian crisis.” And in several major cities, testing sites are overrun, with appointments disappearing in minutes and hundreds waiting in line for hours.

Eight weeks ago, the White House lauded Texas as a model for containing the COVID-19 pandemic.

Now, Gov. Greg Abbott’s plan to reopen the economy has unraveled as the state struggles to contain one of the worst outbreaks in the country.

“We’re on the verge of a nightmarish catastrophe,” said Vivian Ho, a health economist at Rice University and the Baylor College of Medicine. “On May 1, I thought we actually had a chance to get this virus under control and get the economy opened up safely. I’m not sure we can get it under control anymore.”

Public health experts say the worst of the crisis was avoidable in Texas, where Abbott stripped local officials of the ability to manage their own outbreaks and until Thursday refused to mandate masks and other basic mitigation practices. The governor reopened before the state could adequately monitor the virus, health experts said, then ignored signs in late May that infections were beginning to run rampant.

“That is the point at which you say hang on a sec, we’re staying where we are, and are probably taking a step back to understand the scale of the problem here,” said Bill Hanage, an associate professor of epidemiology at Harvard’s T.H. Chan School of Public Health.

Without the tools in place to test quickly for infections and track those exposed, authorities believe the state was left blinded as the virus spread among younger Texans, who are less likely to develop symptoms.

Spokesmen for Abbott and state Health Commissioner Dr. John Hellerstadt did not respond to requests for comment. Asked at a televised town hall Thursday why he had not mandated masks sooner, the governor said the “data was only recently bad.”

“It was only in the past couple of weeks that we saw this spike in people testing positive,” Abbott said.

[…]

On April 27, Abbott said he would reopen the state in phases based on data and guidance from medical professionals, pledging not to simply “open up and hope for the best.”

His advisers laid out four criteria to guide the reopening: a two-week reduction in cases, hospital capacity for all patients, the ability to to conduct 30,000 daily viral tests and hire 4,000 contact tracers.

Abbott, however, did not commit to following them. Only in mid-June would the state begin meeting its testing goal. It has yet to hire enough contact tracers or see a sustained drop in infections.

He said the plan was designed to be applied regionally, with lighter restrictions imposed in areas with few cases, then overruled officials from large counties who tried to enact more restrictive edicts.

Abbott punctuated that point by effectively gutting Harris County Judge Lina Hidalgo’s April 22 mask order when he stripped the ability of local governments to punish residents who violated such mandates.

Several prominent Republicans, including Lt. Gov. Dan Patrick and U.S. Rep. Dan Crenshaw, had condemned Hidalgo’s order and its potential $1,000 fine as an abuse of power. They have continued to argue that the severity of the virus is being embellished, and some have even questioned whether masks are effective at stopping it from spreading.

The mask debate — which took another turn Thursday when Abbott issued his own statewide mandate — has sent mixed messages that may have left residents with the impression that face coverings are unimportant, said Dr. Gregory Tasian, an associate professor at the University of Pennsylvania Perelman School of Medicine.

“Without a clear direction from the state level, some of those masking policies become much less effective,” Tasian said.

There’s more, but you get the idea. I’ve said this before and I’ll say it again, Abbott never made any effort to meet those four metrics that he himself and his vaunted “Strike Force” laid out. (By the way, when was the last time you saw a news story about COVID-19 in Texas refer to the “Strike Force”?) Each time he relaxed another part of the previous restrictions in order to push reopening further, I pointed out that we had no plan and no reason to proceed as if everything was going to plan. All we had was hope and distraction, and look where that has gotten us. The extremely “mixed messages” (to put it lightly) about masking and social distancing was another huge problem, one that also didn’t have to happen. I get that Abbott felt pressure from Donald Trump and from the screaming howler monkeys of our state like Dan Patrick, but for Christ’s sake he’s the Governor, he’s got a gazillion dollars in his campaign treasury and by far the highest approval ratings of anyone in the state, and it’s his fucking job to be a leader. He failed at that at every step of the way.

What’s even more appalling is that he already had a model that was working for him, and that was to get out of the way of the local leaders, who were uniformly ahead of him on all the mitigation steps we first took back in March. It would have been perfectly consistent with his stated belief that some parts of the state needed more restrictions than others to let Lina Hidalgo and the other county judges impose face mask orders and keep a tighter rein on businesses as they saw fit. I believe it would have been politically expedient for him as well, since the raging assholes would have aimed all their fury and lawsuits at them instead of at him. It was when he caved in the most cowardly way possible to Shelley Luther, who was being held accountable to HIS OWN EXECUTIVE ORDER by a Dallas County judge that we all should have known what was coming next. Sure is funny how the cries for “law and order” get silenced when it’s a white suburbanite being taken to court.

I also want to note the bit in this story about nobody on Team Abbott responding to requests for comment. Another hallmark of this crisis, which has been a recurring theme of the Abbott reign in general, has been the way he operates in a closed and non-transparent fashion. He does the things he does, on his own and in consultation with no one outside his bubble, with no mechanism for feedback or consideration of other perspectives. I can’t help but think that this style has not done him any favors lately, and I expect it will result in a Legislature that doesn’t feel much need to defer to him or his priorities in 2021, and that’s even if the Republicans manage to hang onto the House. And, as some people have speculated, he could be headed for a challenge from the right in the 2022 primary. I doubt that my own preferences here would do anything to dissuade such a challenger. But a better outcome from the pandemic might go a long way towards shoring up his political position.

So here we are, and as bad as things are right now, they are certain to get worse in the short term, because that’s the way this virus operates. If we’re very lucky, the mask order and mild dialing back of reopening might make things be less bad. But it’s going to be bad. And it didn’t have to be. It’s Greg Abbott’s fault that it is.

Coronavirus and the State Supreme Court

Just a reminder, nearly half of the State Supreme Court is up for election this November. You know, in case you had opinions about their recent opinions.

Typically not top of mind for voters, the nine Republican justices of the Texas Supreme Court have come under the spotlight during the coronavirus pandemic with a slate of high-profile and controversy-generating moves.

Actions on bailevictions, debt collections, vote-by-mail and a Dallas salon owner named Shelley Luther have foregrounded the court in a year when four incumbent justices face reelection — making it easier, Democratic challengers say, to make the case against them.

Last week, the high court lifted its coronavirus ban on evictions and debt collections, put in place in March as the economy shut down and hundreds of thousands were added to the unemployment rolls. And the justices temporarily put on hold a lower court ruling that expanded vote-by-mail access during the pandemic. Both decisions have infuriated some voters and energized the Democratic Party.

This month, the court ordered the release of Luther, who was jailed for contempt of court after refusing to shutter her salon under coronavirus orders; earlier this spring, it sided with state officials in limiting how many inmates could be released from county jails, which have become hotspots for disease.

Democrats, who have not won a seat on the state’s highest civil court in more than two decades, have reclassified the typically sleepy races as a “top-tier priority,” a designation party officials said comes with digital ad spending. And some candidates have already begun to speak out publicly against high court decisions they say disenfranchise voters and risk their safety.

“I think people’s eyes are opening up,” said 3rd Court of Appeals Justice Gisela Triana, one of the four women running for Supreme Court on the Democratic ticket this year. “What has been the sleepy branch of government … has woken up.”

There’s more and you should read the rest. For obvious reasons, these races are largely going to be determined by the Presidential race – if Joe Biden can run even with or ahead of Donald Trump, one or more of the Democratic candidates can break through. It surely wouldn’t hurt for their to be some money spent on these races, in part just to make sure voters are aware of them and in part to highlight some of the decisions that are not exactly in line with public preferences, but there’s only so much the individual candidates can do about that. In case you’re wondering, I have one Q&A from a Democratic candidate for Supreme Court from the primaries, from Judge Amy Clark Meachum.

On a more sobering note:

Justice Debra Lehrmann

One day after presiding over a hearing on the state’s mail-in ballot controversy via videoconference, Texas Supreme Court Justice Debra Lehrmann says she and her husband have tested positive for COVID-19.

“We began to exhibit symptoms last week, despite diligently complying with stay-at-home rules,” Lehrmann wrote on Twitter on Thursday. “Thankfully, this has not interfered with #SCOTX work, as the Court is working remotely. We are grateful for your thoughts & prayers.”

Her diagnosis marks the first known coronavirus case of a top state official. The justice did not immediately respond to requests for an interview but told the Dallas Morning News that she and her husband Greg had fevers and body aches early last week before getting tested at an Austin drive-thru testing center.

She also told The News that their Houston lawyer son, Jonathan, his wife Sarah and their six-month-old son Jack, who had been visiting them every other week, stopped and are believed to also be infected.

Her tweet is here. I wish Justice Lehrmann and her husband all the best for a swift recovery. (She is not on the 2020 ballot, in case you were wondering.)

The Hair Affair

I have a hard time wrapping my mind around this story, so to save myself a little brain power I’m going to outsource it.

Lisa Falkenberg:

Let’s be clear about something: Shelley Luther, the Dallas-area salon owner-turned-folk hero, wound up in jail this week because of her very public, very theatrical refusal to follow Abbott’s very own order.

Abbott’s executive order, which preempted local orders, delayed the reopening of salons as part of a phased-in approach to restart the Texas economy responsibly.

And like Abbott’s other orders issued during this outbreak, it specified stiff consequences for noncompliance: A fine not to exceed $1,000, up to 180 days in jail, or both.

So why, as soon as Luther’s case got widespread attention, did he begin to condemn local authorities who enforced it?

“Throwing Texans in jail who have had their businesses shut down through no fault of their own is nonsensical, and I will not allow it to happen,” Abbott said in a statement.

Allow it? Technically, he ordered it. Even Northeast Tarrant Tea Party leader Julie White McCarty saw through Abbott’s hypocrisy: “Governor Abbott gave orders putting severe limitations in place,” she wrote on Facebook. “Governor Abbott is now condemning the enforcement as if he’s innocent.”

[…]

But Luther held court for days in front of TV cameras. She didn’t just violate an order to close her salon – she tore it up. When a veteran, 65-year-old Dallas judge gave her an easy out if she’d just apologize and follow the law, she scoffed in defiance. So, he did what judges do: found her in contempt in court.

She could have taken the deal and gone home to her kids and waited until she could open legally on Friday.

Clearly, Luther and her legions of admirers had turned her into a cause. That’s why she went to jail — to draw attention to what she believes is a violation of her rights. And that’s the point of civil disobedience. While others have advanced noble causes such as suffrage and equality, Luther did it to defend her right to work even if doing so puts her workers, neighbors and customers at risk amid a deadly pandemic.

But hey, if she wants to be the hero, a rebel with a cause, the patron saint of social distancing scofflaws, she can’t play the victim, too.

Christopher Hooks:

The conflict really kicked off on April 25, at a protest in front of the Frisco City Hall calling for the reopening of shuttered businesses. Shelley Luther, the owner of Salon à la Mode, took center stage. She had gained local publicity for reopening her business in defiance of Governor Greg Abbott’s shutdown order. By way of enforcing it, Dallas County Judge Clay Jenkins had sent her a cease and desist order—and, as Abbott had laid out in his order, a $1,000 fine. (The governor also threatened violators with up to 180 days in jail.) In front of a cheering crowd, Luther ripped up the document. There she stood: she could do no other.

Your move, governor. On April 27, at a press conference, Abbott laid out his vision for unwinding his shutdown order. On May 1, his “phase one” would go into effect, allowing retail businesses and restaurants to partially reopen, as long as they followed certain guidelines. In mid-May, assuming things had gone well and COVID-19 infection numbers weren’t spiking, he declared that he would move Texas to “phase two” and allow more businesses to open. Hair salons, barbershops, gyms, and bars could welcome customers back in once the state had collected “two weeks of data to confirm no flare-up of COVID-19” after phase one, he said.

Why the different standards? Well, barbering and hairstyling involve sustained intimate contact, in an environment where customers are coming and going over the course of the day. Barbershops and salons provide a much more potent risk for viral transmission than, say, a Home Depot. And why two weeks? That’s the minimum period required to get a sense of whether the virus is in submission, according to public health experts. Though the coronavirus has a median incubation time of about five days, some of those infected don’t show symptoms until about twelve to fourteen days after infection.

Abbott got pushback from all sides. Some thought he was moving too fast while others complained that he was acting too slowly. Setting that aside, he deserves at least a little credit for the fact that unlike some governors—the fella who rules over our unfortunate brothers and sisters in Georgia, for one—Abbott at least had a plan. With dates. A 66-page manual. An order of operations. Something you could make into a flowchart. Less dangerous businesses first, more dangerous businesses later. Capiche?

[…]

Now, the question of what to do with those who violate public health directives—who put the public at risk indirectly—is a tricky one. Many liberals and conservatives now find agreement in the idea that no one should be put in jail for nonviolent crimes. The situation is trickier when, like Luther, violators are given many, many chances to conform to the law and refuse. It’s a question that we’re probably going to have to face again, as we struggle to adjust to having COVID-19 as a neighbor, and it’s going to be difficult every time.

Citizens of South Korea or Denmark may like big government telling them what to do to stay safe, but we’re America, baby, and we’re high on Alex Jones’s brain-healing powder. We’re a country that’s fighting a culture war about whether wearing masks makes you a wimp, and where men complain loudly on television that the pandemic is making it hard to buy lawn fertilizer.

It’s notable, perhaps, that Shelley Luther shows up in at least one other pandemic-related local news story in the last few months. On March 11, KHOU interviewed Luther and her boyfriend, Tim Georgeff, as they boarded a cruise ship in Galveston. Were they worried about getting on an enormous floating petri dish in the middle of a pandemic, not long after the entire Diamond Princess had been quarantined in Japan? “Well, for one, I have a real good friend who’s a doctor,” Georgeff told the reporter. “It’s really nothing more than a severe cold.”

But there’s one point that’s worth triple-underlining, and it’s the strangest part of the whole salon saga. Judge Moyé has been cast as the villain, the oppressor, whose puppetmaster is Dallas County Judge Clay Jenkins. It’s important to listen to Moyé’s words as he sentenced Luther. He was convicting her, he said, because of the rather sensible proposition that “the rule of law governs us … Society cannot function when one’s own belief in the concept of liberty permits you to flaunt your disdain for the rulings of elected officials,” Moyé said.

Here’s the thing. One of the “rulings” in question here is by Abbott, who, if you need reminding, is the Republican governor of Texas. Moyé, a Democrat, is defending Abbott’s prerogative in ordering business closures for public health reasons. Abbott isn’t alone in this, of course. The president, the governor of Texas, the Dallas county judge, and an assortment of both Democratic and Republican mayors in North Texas all agreed that Americans should cool it in April. This group may never agree on anything ever again, but they agreed on this. And yet the Republican officeholders are urging conservatives to train their fire on Moyé and Jenkins.

Ross Ramsey:

She’s not the only Texas beautician arrested for tending to customers during the pandemic — just the one who got the attention of the top politicians in Austin. Consider the story of two women in Laredo busted in April for offering nail and eyelash services in violation of pandemic-spurred restrictions. Ana Isabel Castro-Garcia was arrested by Laredo police after arranging to do the nails of an undercover cop posing as a customer. Brenda Stephanie Mata was arrested for a similar transgression, offering eyelash services to an undercover officer. Nails and lashes weren’t on the list of essential services under that city’s “COVID-19 Emergency Management Plan.”

Illegal grooming is hardly of interest to the average neighborhood crime watch or the FBI — whether it takes place in Laredo or in Dallas — but the law is the law.

Maybe it’s a big-city thing. State officials got after Harris County Judge Lina Hidalgo for a mandatory mask law that included fines for violators caught without masks in public. That furor also didn’t reach Laredo, where state officials had ignored a similar law for weeks. Maybe state officials just don’t pay attention to Laredo, or the Houston masks and the Dallas hair were just convenient attention-getting distractions for stressed-out politicians in the middle of a scary pandemic.

Whatever the case, salons can reopen in Texas on Friday to 25% of their regular capacity, freeing the state’s politicians to argue about other essentials.

Dale Hansen:

Those who blame the judge, saying it was a political stunt to put her in jail, are ignoring the real stunt here.

Luther’s GoFundMe page has raised more than half a million dollars, because it is true, there really is one born every minute. But I’m assuming she can feed her family now, and she will share her bounty with all those who can’t.

No one likes the position we’re in now. The virus has made it incredibly hard on almost all of us. But to excuse the actions of Luther, would create a society that I don’t think any of really want to live in.

[…]

We’re not in this together, we never have been. And all the sweet commercials won’t make it so.

Gov. Abbott and our other state leaders have proven again that the rule of law doesn’t matter, and court orders can be ignored as long as you are well-to-do and white.

If Shelley Luther’s beauty salon was in South Dallas the lieutenant governor would’ve never paid her fine and she’d still be in jail. And not a single one of you would be blaming the judge.

There. May Shelley Luther sink back into obscurity, and may we all remember the words of a long-ago statesman who said “We must all hang together, or we will surely hang separately.”