Tag Archives: Texas

Texas

Coverage of the horrific floods in Texas has dominated the media for several days–first, with videos and descriptions of the devastation and reports of the growing numbers of dead and missing, and more recently, with emerging evidence of governmental failures that undoubtedly cost lives by delaying both effective warnings and responses.

According to numerous media reports, local officials had been told repeatedly over a number of years that the area needed a better warning system, including sirens. But this was Red Texas, which–like Red Indiana–is a state governed by lawmakers congenitally allergic to taxation and dismissive of the common good. Local and state officials refused to spend tax dollars to pay for improving the warning system.

Worse, according to the Washington Post, the county had technology to turn every cellphone in the river valley into a blaring alarm, but local officials didn’t use it before or during the early-morning hours of July 4 as river levels rose to record heights. County officials did eventually send text-message alerts that morning, but only to residents who had registered to receive them.  According to the Post’s review of emergency notifications that night, county officials did not activate a more powerful notification tool they had previously used, even as federal meteorologists were warning of catastrophic flooding.

As usual, the cuts made by DOGE–ostensibly to “waste and fraud”–were also implicated in the tragedy. Thanks to indiscriminate cuts by people who had no understanding of the systems they were devastating, the National Weather Service was short-staffed. Its forecasting evidently remained accurate, but the job of “warning coordination,” the position responsible for transmitting  information from the forecasts to relevant local officials — was vacant.

FEMA’s reduced staffing–including terminated contracts for call-center operators–also deepened the crisis by delaying relief efforts for several days. Phone calls weren’t answered–indeed, according to media reports, response rates declined from nearly 100% to just over 5% on July 7.

And then there was the further delay caused by Kristy Noem, one of the members of Trump’s inept cabinet (appointees who confirm the accuracy of my favorite protest sign: “IKEA has better cabinets.”) According to CNN, Noem recently enacted a sweeping rule requiring every contract and grant over $100,000 to obtain her personal sign-off before any funds can be released–a rule displaying a total lack of understanding of the agency’s function and mission.

For FEMA, where disaster response costs routinely soar into the billions as the agency contracts with on-the-ground crews, officials say that threshold is essentially “pennies,” requiring sign-off for relatively small expenditures.

In essence, they say the order has stripped the agency of much of its autonomy at the very moment its help is needed most.

“We were operating under a clear set of guidance: lean forward, be prepared, anticipate what the state needs, and be ready to deliver it,” a longtime FEMA official told CNN. “That is not as clear of an intent for us at the moment.”

For example, as central Texas towns were submerged in rising waters, FEMA officials realized they couldn’t pre-position Urban Search and Rescue crews from a network of teams stationed regionally across the country.

Noem didn’t authorize FEMA’s deployment of Urban Search and Rescue teams until some 72 hours after the flooding began. 

Of course, the overall lack of preparedness, both locally and nationally, was enabled and abetted by the GOP’s widespread denial of the reality of climate change. (What’s that saying? “Reality doesn’t care if you believe it or not…”)

I wonder whether those MAGA Texans who enthusiastically supported Trump are delighted with the administration’s destruction of that hated “deep state,” filled with “elitists” who actually knew what they were doing. Are they applauding the substitution of lily-White ignoramuses for those despised (and credentialed) “DEI hires”? 

And predictably, In the wake of this enormous tragedy, Texas Republicans are adding insult to injury. Rather than exacting consequences for the glaring ineptitude of various state and federal officials, Texas has moved to further protect them from any possible voter retribution. Governor Greg Abbott has announced that mid-decade redistricting will be taken up during the state’s upcoming special session. The move is in response to White House pressure; Texas Republicans have been urged to redraw the state’s congressional districts ahead of the 2026 midterm election in order to protect the party’s slim majority in the House–a majority delivered via the GOP’s previous gerrymandering.

Welcome to MAGA’s version of democracy. Are we great yet? 

Comments

Will Texas Corruption Spread?

Recently, the New York Times ran an article focused on politics in Texas. It began by describing a legislative primary battle between Republicans, and a tactic that has become prevalent nationally–the accusation that the incumbent was a “RINO,” or a Republican in name only.

The article then reported on the two men behind what has become an effective and organized effort to drive non-theocratic members out of the GOP, and to ensure that Texas is controlled by the Christian Nationalist Right.

Tim Dunn and Farris Wilks are billionaires who have made their fortunes in the oil industry. They are also Christian pastors.

Over the past decade, the pair have built the most powerful political machine in Texas — a network of think-tanks, media organizations, political-action committees and nonprofits that work in lock step to purge the Legislature of Republicans whose votes they can’t rely on. Cycle after cycle, their relentless maneuvering has pushed the Statehouse so far to the right that consultants like to joke that Karl Rove couldn’t win a local race these days. Brandon Darby, the editor of Breitbart Texas, is one of several conservatives who has compared Dunn and Wilks to Russian oligarchs. “They go into other communities and unseat people unwilling to do their bidding,” he says. “You kiss the ring or you’re out.”

These men aren’t clones of the Koch brothers and the other conservative billionaires who want to slash regulations and taxes, although they certainly want to do those things. As the article documents, their endgame is far more radical: they intend to steer government toward their version of Christian rule. 

Texas, which has few limits on campaign spending, is home to a formidable army of donors. Lately Dunn has outspent them all. Since 2000, he and his wife have given more than $29 million to candidates and PACs in Texas. Wilks and his wife, who have donated to many of the same PACs as Dunn, have given $16 million. Last year, Dunn and his associated entities provided two thirds of the donations to the state Republican Party.

The duo’s ambitions extend beyond Texas. They’ve poured millions into “dark money” groups, which do not have to disclose contributors; conservative-media juggernauts (Wilks provided $4.7 million in seed capital to The Daily Wire, which hosts “The Ben Shapiro Show”); and federal races. Dunn’s $5 million gift to the Make America Great Again super PAC in December made him one of Donald Trump’s top supporters this election season, and he has quietly begun to invest in efforts to influence a possible second Trump administration, including several linked to Project 2025.

Dunn and Wilks refuse to describe themselves as Christian Nationalists, a label that Dunn rejects as a “made-up label that conflicts with biblical teaching.” But their rhetoric places them firmly within that movement.

Like most Christian Nationalists, the two men speak about protecting Judeo-Christian values and promoting a biblical worldview. These vague expressions often serve as a shorthand for the movement’s central mythology: that America, founded as a Christian nation, has lost touch with its religious heritage, which must now be reclaimed.

A scholar at Rice University who has reviewed the speeches and donations of Dunn and Wilks, believes the two men to be thoroughgoing Dominionists. The article quotes a Republican activist who knows them personally, and agrees:

“They want to get Christians in office to change the ordinances, laws, rules and regulations to fit the Bible,” he told me. According to Texas Monthly, Dunn once told Joe Straus, the first Jewish speaker of the Texas House since statehood, that only Christians should hold leadership positions. (Dunn has denied the remark.)

The two pastors differ on certain points of doctrine — Wilks doesn’t celebrate Christmas, which he considers a “pagan holiday” — but they share a vision of a radically transformed America. And thanks to their money, that vision is spreading beyond Texas.

Lawmakers they’ve funded have introduced bills linked to Project Blitz, a coalition of Rightwing groups that want to advance the role of (their version of) Christianity in public life. One bill requires educators to hang posters of the Ten Commandments  in the classroom.” Another requires schools to display “In God We Trust” placards.

After Texas passed a law allowing the work of licensed mental-health counselors in public schools to be done by unlicensed chaplains — representatives of “God in government,” one of the bill’s sponsors called them — a dozen other states introduced similar bills.

The lengthy article has much more, and it’s hair-raising. Worse, recent research tells us that more than half of Republicans support Christian Nationalist beliefs.

Unless we want to inhabit a theocracy, large numbers of Americans need to vote Blue.

Comments

And The Evidence Mounts….

Yesterday, I posted about the 2018 book How Democracies Die. My “take-aways” were twofold: first, the authors located the source of today’s efforts to install an autocracy in the racism that has long been identified as America’s “original sin,” and second, they identified warning signs of institutional and normative breakdown.

Several things have changed since 2018, of course, and some of those changes have been positive. Biden’s victory in 2020–a resounding popular victory despite the desperate efforts of Trump and MAGA voters to de-legitimize it–and the failure of the much-anticipated “Red wave” in 2022 come immediately to mind. But other signs are more ominous–especially the pathetic acquiescence of elected Republicans to Trump’s and the far-Right’s increasingly public racism, and the unprecedented and blatantly-partisan behavior of members of the judiciary.

Two examples from just the past week.

The Governor of Texas, Greg Abbott, pardoned Daniel Perry, who had been convicted of murder for fatally shooting a demonstrator during a Black Lives Matter protest. Perry had been sentenced to 25 years in prison for killing Garrett Foster in downtown Austin in July 2020. Abbott’s hand-picked Board of Pardons and Paroles voted unanimously in favor of the pardon.

Witnesses at the trial had testified that the man Perry shot had never raised his weapon, and according to court records, in the weeks leading up to the protests, Perry had sent multiple racist messages about protesters, shared white supremacist memes and talked about how he “might have to kill a few people” who were demonstrating. In one, he compared the Black Lives Matter movement to “a zoo full of monkeys that are freaking out flinging their shit.”

Abbot’s pardon sends a strong–and horrifying–message: in Texas, elected officials will protect racists. Even murderous ones.

Then there’s the even more horrifying disclosure that–in the wake of the January 6th insurrection– a “Stop the Steal” symbol flew on Justice Samuel Alito’s lawn.

You need not be a lawyer to share Robert Hubbell’s reaction:

As a Supreme Court justice, Alito has been unapologetic in his efforts to defend Trump’s lawlessness. He has risen to Trump’s defense with gleeful spite and unveiled resentment against those seeking to hold Trump accountable under the Constitution.

On Thursday, the New York Times revealed that Alito’s home displayed an upside-down US flag during the fraught days after the January 6 insurrection. At the time, flying the US flag upside down was a symbol calling to “Stop the Steal” of the 2020 election from Trump. It was a call to insurrection—proudly displayed by a US Supreme Court justice sworn to defend and protect the Constitution. See New York Times, At Justice Alito’s House, a ‘Stop the Steal’ Symbol on Display.

In response to an inquiry from the Times, Alito said, I had no involvement whatsoever in the flying of the flag.
Notably, Alito did not deny the veracity of the photograph of the flag flying upside down on his lawn. He did not deny the symbolism of the upside-down flag. He did not deny that he was aware of its continued presence in front of his house. Instead, he blamed his wife, whom he claimed flew the “Stop the Steal” banner in response to anti-Trump signs in the neighborhood.

Alito’s response to the Times is a lie. He owns the flag. He owns the flagpole. He owns the property on which the flag was displayed. He permitted it to remain on display on his property. He, therefore, did have “involvement” in “flying the flag.” It does not matter that it was his wife who physically raised the “Stop the Steal” banner on the flagpole. Alito’s hair-splitting denial is misleading and incomplete—and therefore false.

As Hubbell notes, this leaves us with a second Supreme Court Justice whose spouse actively supported an effort to prevent the peaceful transfer of power.

Those justices—Alito and Thomas—are currently considering Trump’s presidential immunity defense to the indictment alleging that Trump attempted to subvert the election. Under any reasonable reading of Code of Conduct that applies to Supreme Court justices, Alito and Thomas should have recused themselves long ago (under Canons 2 and 3).

In a very real sense, Americans are still fighting the Civil War. Today’s Confederates are more geographically scattered, and the incidents of bloodshed and violence are being perpetrated by individual MAGA racists rather than by an organized Rebel army, but the White Supremacy beliefs motivating the combatants haven’t changed. More worrisome still, years of partisan efforts to subvert racial and religious equality and the rule of law have led to utterly scandalous, unethical, and judicially-unforgivable behaviors by two Justices of the highest court in the land–a profoundly dangerous institutional breakdown.

This is how democracies die.

Comments

Hard Cases…

As I used to tell my students, cases rarely make it to the Supreme Court unless they’re difficult–unless there are persuasive arguments on both (or several) sides of the issue or issues involved. That admonition has actually become debatable as the current Court, dominated by religious “originalists,” has accepted cases that previous Courts wouldn’t have agreed to hear, but it remains largely true.

And hard cases, as the old legal precept warns, make bad law.

Which brings me to a First Amendment Free Speech case currently pending at the U.S. Supreme Court.

The question before the Court is the constitutionality of laws passed by Florida and Texas that restrict social media giants from removing certain political or controversial posts–in other words, from moderating the content posted to their platforms. As the Washington Post reported,

During almost four hours of argument Monday, the Supreme Court justices considered whether state governments can set the rules for how social media platforms curate content in a major First Amendment case with implications for the future of free speech online.

The laws being litigated are an effort to prevent social media companies from removing “conservative” viewpoints. The laws would impose strict limits on whether and when firms can block or take down content on their platforms.
At the heart of the matter is the issue highlighted by an exchange between Justice Alito and lawyer Paul Clement.
Justice Samuel Alito pressed NetChoice — a group representing the tech industry — to define the term “content moderation,” asking whether the term was “anything more than a euphemism for censorship.” “If the government’s doing it, then content moderation might be a euphemism for censorship,” said Paul Clement, an attorney representing NetChoice. “If a private party is doing it, content moderation is a euphemism for editorial discretion.”
I’ve frequently posted about Americans’ widespread lack of civic literacy–especially about censorship and freedom of speech. It is depressing how few citizens understand that the Bill of Rights is essentially a list of things that government is forbidden to do. Government is prohibited from dictating our beliefs, censoring our communications, searching or seizing us without probable cause, etc. Those restrictions do not apply to private actors, and for many years, courts have recognized the right of newspapers and other print media to decide what they will, and will not, print, in the exercise of their Free Speech rights.
Perhaps the most important question posed by the recent First Amendment challenges to Texas and Florida’s new social media laws is whether platforms exercise a constitutionally protected right to “editorial discretion” when they moderate speech. The platform’s central challenge to both laws is that their must-carry and transparency obligations infringe on that right by interfering with the platforms’ ability to pick and choose what speech they host on their sites. It’s the same right, they argue, that newspapers exercise when they pick and choose what speech appears in their pages.
In other words, whose First Amendment rights will we protect? Or to put it another way, does the First Amendment give all of us a right to have our opinions disseminated by the social media platform of our choice? Or, to ask that in a different way, if the First Amendment protects speech, does it also protect the right of powerful social media companies to suppress the speech of some number of people who use their platforms?
The Knight Foundation argues
The First Amendment is not concerned solely—or perhaps even primarily—with the maximization of speech per se. Instead, what it protects and facilitates is the kind of information ecosystem in which free speech values can flourish. Courts have recognized that protecting the right of speech intermediaries to choose what they do and do not publish—in other words, protecting their right to editorial discretion—is a necessary means of creating that kind of environment.
Most of us have concerns about the content moderation policies of these enormously influential and powerful sites. The question before the Court is–once again–who decides? Are those who run those sites entitled to decide what appears on them, or can government control their decisions?
Elon Musk’s takeover of Twitter (now ridiculous “X”) and his idiosyncratic definition of “free speech” has turned that site into a cesspool of anti-Semitism and conspiracy theories. The First Amendment currently gives him the right to make the site odious, just as Facebook has the right to remove racist and other objectionable posts. We the People decide which platforms we will patronize.
As I used to tell my students, the Bill of Rights addresses a deceptively simple question: who has the right to make this decision?
Comments

Oh Texas….

I know that Florida, under Ron DeSantis, deserves all the shade being thrown at it. But Florida–and that ubiquitous “Florida man”– is facing a strong challenge from Texas.

Most recently, of course, we’ve been treated to the spectacle of Ken Paxton’s willingness to cause the death of a pregnant woman–a mother of two–who obtained a court ruling permitting her to abort her current pregnancy. That decision was based on testimony that her fetus had been found to have a condition that would prevent its survival, and that continuation of the pregnancy would endanger the woman’s life–or at the very least, her ability to have future, healthy pregnancies.

As I noted a couple of days ago, Paxton appealed that court decision and the Texas Supreme court overruled it.

A federal court  has ordered Texas Governor Abbott to remove the lethal barriers he had placed in the Rio Grande, after a lengthy battle during which Abbott defended placement of the impediments, which had caused the deaths of at least two people.

In case there is any confusion, these examples confirm the accuracy of accusations that these Texan staunchly “pro life” Republicans have very selective definitions of “life.”

And then there’s the refusal of the Texas GOP to distance the party from Nazism.

The leadership body for the Republican Party of Texas this week voted down a measure to block members from associating with people and organizations “known to espouse or tolerate antisemitism, pro-Nazi sympathies or Holocaust denial.” This came just weeks after neo-Nazi extremist Nick Fuentes was photographed meeting with a high-profile conservative political operative whose “Defend Texas Liberty” PAC has helped elect Republicans statewide.

The clause, part of a broader resolution in support of Israel, was voted down 32-29 by the Texas GOP’s Executive Committee on Saturday, according to The Texas Tribune. Moreover, “roughly half of the board also tried to prevent a record of their vote from being kept,” in a move that “stunned some members,” the paper reported. Speaking during Saturday’s vote, Texas GOP chair Matt Rinaldi claimed that he didn’t see “any antisemitic, pro-Nazi or Holocaust denial movement on the right that has any significant traction whatsoever.” Rinaldi was also reportedly present in the offices for conservative consulting firm White Horse Strategies, owned by Defend Texas Liberty leader Jonathan Stickland, at the same time as Fuentes last October. He has claimed he was not part of Fuentes’ meeting there, and was unaware of Fuentes’ presence.

If the Texas GOP chair can’t see any “traction” of anti-semitism from the right, I wonder what he can see. From the “very fine people” who chanted “Jews shall not replace us” in Charlottesville to the mounting number of attacks on synagogues and individual Jews, most Americans of good will can see quite a lot of “traction.”

Texas’ current government is dominated by MAGA Republicans determined to keep power by limiting the right of Democratic -leaning constituencies to vote. Scholars at the Brennan Center have described the background of that organization’s current challenge to a measure passed by the Republican-dominated legislature. They allege that Texas has enacted

onerous new rules for voting by mail and curbs voter outreach activities. It also hinders voting assistance for people with language barriers or disabilities and restricts election officials’ and judges’ ability to protect voters from harassment by poll watchers. Like the dozens of restrictive state voting laws that have been enacted nationwide in the last three years, S.B. 1’s proponents claim that it is intended to fight voter fraud. Indeed, its myriad provisions appear to respond directly to baseless claims peddled by Donald Trump and his fellow election deniers about the security of mail-in voting and election administration.

Yet Texas has never found evidence of widespread fraud — and not for lack of trying. Without the pretext of making elections more secure, S.B. 1 is simply an unconstitutional effort to suppress eligible voters in marginalized communities. It seems no coincidence that after people of color surged in turnout in Texas’s 2018 and 2020 elections, the legislature passed a law that restricts methods of voting favored by Black and Latino voters and impairs voter assistance to those with limited English proficiency or limited literacy.

it isn’t only their appalling public behavior. Texas Republicans like Paxton are demonstrably personally corrupt, and that corruption was given a pass by the state’s GOP-dominated legislature. Paxton was acquitted on 16 articles of impeachment, a proceeding triggered by accusations from lawyers on his own staff and buttressed by significant evidence that he had abused the powers of his office to help an Austin real estate investor who was under federal investigation.

The Texas GOP is a cesspool–even more venal and vile than the GOP of DeSantis’ Florida.

I guess everything is bigger in Texas.

Comments