Tag Archives: Texas

State-Level Autocracy

If you resist believing that today’s GOP is intent upon replacing democracy with autocracy– controlled, of course, by the GOP–you need only look at what they are doing in the states. 

One person, one vote? How old-fashioned!

Efforts to negate the popular vote have moved way beyond gerrymandering. In Wisconsin, Republicans are exploring ways to undo the election of a state Supreme Court Justice who won by eleven points. Texas’ lunatic legislature has passed a different set of rules for cities populated by “those people,” who tend to vote Democrat. 

And then, of course, there’s Ron DeFascists’ Florida, where folks who voted for their local prosecutor can wake up to find that the governor has summarily dismissed their electoral choice. The Brennan Center (link unavailable) recently focused on his latest arbitrary and undemocratic dismissal of a popularly elected official.

In 2020, Monique Worrell was elected to serve as the prosecutor for the Orlando area. She’d campaigned on a reform platform that evidently was too “woke” for DeSantis, who proceeded to suspend her from office for “neglect of duty and incompetence.”  Worrell has filed suit in the Florida Supreme Court challenging her suspension.

Worrell’s lawsuit is one of a number of current state court cases that raise important constitutional questions about the scope of prosecutorial discretion — the power of prosecutors to decide when and how to charge crimes, seek bail or sentencing enhancements, or make other decisions about how they pursue cases. It’s an issue receiving scrutiny across the country, with laws recently enacted in Georgia and Texas authorizing prosecutors’ removal for certain uses of discretion.

The Florida Constitution authorizes the governor to suspend prosecutors like Worrell for specified reasons, including neglect of duty or incompetence. In her lawsuit, Worrell argues that DeSantis failed to allege any conduct meeting that constitutional standard.

Worrell’s office had no policy or practice of failing to enforce certain laws, and her charging decisions were well within the bounds of what most lawyers consider to be proper prosecutorial discretion. Policy differences between a local prosecutor and a governor are not legal grounds for suspension. 

This isn’t the first time DeSantis has targeted an elected local prosecutor. In 2022, he suspended Tampa-area prosecutor Andrew Warren, citing pledges he signed not to prosecute certain types of cases, including those related to abortion and gender-affirming health care.

A federal court ruled that Warren’s suspension violated both the Florida Constitution and the First Amendment, but the court held that it lacked the authority to reinstate him. The Florida Supreme Court — which would have the authority to overturn the governor’s suspension — then rejected a petition from Warren filed six months after his suspension after concluding he had waited too long to file. Worrell’s petition, filed less than a month after her suspension, will likely force the state high court to directly consider the relationship between the governor and local prosecutors in implementing criminal justice policy.

Similar issues are pending in other state supreme courts. In Pennsylvania, Philadelphia District Attorney Larry Krasner is challenging his 2022 impeachment by the state house of representatives, arguing that his exercise of discretion did not constitute “misbehavior in office.”  Georgia prosecutors are challenging a law imposing new limits on their discretion and creating new mechanisms to remove them from office. In Arizona, taking his cue from  Republicans, the state’s Democratic governor stripped local district attorneys of the power to prosecute cases under the state’s 15-week abortion ban, using an executive order to transfer that power to the state attorney general, who has vowed not to enforce it. 

These autocratic exercises significantly undercut democracy.

According to the New York Times, Ms. Worrell had been elected with 66% of the vote, and she released data showing that her prosecution rate was similar to that of two of her predecessors. Whether her performance was unsatisfactory was a question for the voters–not the Governor–to decide.

DeSantis justified her removal by citing several offenders who had committed crimes after serving their (presumably insufficient) sentences, or while out on bail; Ms. Worrell responded by pointing out that examples cited by the governor involved factors beyond a prosecutor’s control. Sentences and bonds are set by judges who are free to overrule prosecutors’ recommendations.

And she said that much of the information that was used to build a case against her came from local law enforcement officials who oppose her because she has prosecuted police officers, including one who shot an unarmed person.

“My message has been consistently, whether you’re a Democrat or Republican, whether you like me or you hate me: Democracy is under attack,” she said. “Duly elected officials should not be removed by elected officials who are not politically aligned with them.”

Autocrats-R-Us disagree. 

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Threats, Bribes And The GOP

The shocking acquittal of Ken Paxton in Texas despite  what the Washington Post accurately called “mountains of damning evidence” should have been predictable.

Why do I say that? Because we’ve had other signs of the thuggery that has become deliberate Republican strategy. A few weeks ago, Yoel Roth highlighted that strategy in an opinion piece for the New York Times. Roth was formerly the head of “trust and safety” at Twitter–and one of those who made the call to ban Trump from Twitter. He says that nothing prepared him for what followed.

Backed by fans on social media, Mr. Trump publicly attacked me. Two years later, following his acquisition of Twitter and after I resigned my role as the company’s head of trust and safety, Elon Musk added fuel to the fire. I’ve lived with armed guards outside my home and have had to upend my family, go into hiding for months and repeatedly move.

This isn’t a story I relish revisiting. But I’ve learned that what happened to me wasn’t an accident. It wasn’t just personal vindictiveness or “cancel culture.” It was a strategy — one that affects not just targeted individuals like me, but all of us, as it is rapidly changing what we see online.

Roth’s essay detailed a campaign of online harassment that lasted months. Twitter users demanded that he be fired, jailed or killed. And it had the desired effect on those who were watching.

Private individuals — from academic researchers to employees of tech companies — are increasingly the targets of lawsuits, congressional hearings and vicious online attacks. These efforts, staged largely by the right, are having their desired effect: Universities are cutting back on efforts to quantify abusive and misleading information spreading online. Social media companies are shying away from making the kind of difficult decisions my team did when we intervened against Mr. Trump’s lies about the 2020 election. Platforms had finally begun taking these risks seriously only after the 2016 election. Now, faced with the prospect of disproportionate attacks on their employees, companies seem increasingly reluctant to make controversial decisions, letting misinformation and abuse fester in order to avoid provoking public retaliation.

In Texas, those of us following the Paxton impeachment can be forgiven for expecting a conviction–after all, the charges were brought by the Republican-dominated House, the witnesses were all Republican whistleblowers who had worked for Paxton, and the evidence of his corruption was overwhelming.

There are media reports that Republican Senators received very explicit threats of violence if they voted to convict. But according to the Washington Post, those threats were also accompanied by the other part of what we now understand to be standard GOP strategy: bribery.

That the fix was in for the attorney general in the Senate probably should have been apparent back in July. That’s when a campaign finance report revealed that a pro-Paxton political action committee, known as the Defend Texas Liberty PAC, had donated $1 million and made an additional $2 million loan to Lt. Gov. Dan Patrick, who would preside over the impeachment trial.

Yes, you read that right: The person acting as judge took $3 million from the defendant’s deep-pocketed allies. Was it any wonder that only two Republicans in the Senate, where the lieutenant governor serves as president of the chamber, voted to convict?

According to the Texas Monthly, the big money folks who funded the bribe are the same evangelical Texas billionaires who are funding the state’s voucher campaign. Make of that what you will….

The Post article traced the devolution of Texas politics from the relatively genteel, often bipartisan Republicans of the Bush era into the hard-right fanaticism that gave Lone Star voters Ted Cruz and the assortment of corrupt culture warriors who currently run the state.

And now–in the only good news to emerge from this fiasco–the Texas GOP is preparing to eat its own.

Paxton’s far-right forces are now promising all-out warfare on the Republican House members — starting with Speaker Dade Phelan — who tried to remove the attorney general from office. And with Paxton supporter Donald Trump likely to be at the top of the ticket next year, you’d have to give them excellent odds of prevailing.

The rot extends far beyond Texas. So here we are, a good facsimile of a banana republic.

MAGA Republicans are a distinct minority of Americans and they know it–so they are willing to ignore more and more “rules of the game” in order to stay in power.  If vote suppression, dark money and “flooding the zone” prove inadequate to the task, then they’ll move to threats of violence accompanied by outright bribery.

I won’t be surprised if the Texas Speaker wakes up one morning with a horse’s head in his bed…..

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Kudos

The news isn’t all depressing, and it’s important to note the positive as well as the negative.

For example, every once in a while we get a reminder that there are a lot of admirable, authentic Christians out there, and they’re very different from the political posturers who use religion in service of something very different. In the run-up to Texas’ passage of a (clearly unconstitutional) bill requiring public school classrooms to post the Ten Commandments, one of those genuine Christians took issue with the performatively pious legislator sponsoring the measure.

He began by pointing to multiple ways in which the Texas legislature failed to live up to the dictates of those same Commandments, and concluded:

I know you’re a devout Christian, and so am I. This bill to me is not only unconstitutional, it’s not only un-American; I think it is also deeply un-Christian.

And I say that because I believe this bill is idolatrous. I believe it is exclusionary and I believe it is arrogant. And those three things in my reading of the Gospel are diametrically opposed to the teachings of Jesus. You probably know Matthew 6:5 when Jesus says, “Don’t be like the hypocrites who love to pray publicly on street corners. When you pray, go into your room and shut the door and pray to your father who is in secret.”

A religion that has to force people to put up a poster to prove its legitimacy is a dead religion. And it’s not one that I want to be a part of. It’s not one that I think I am a part of.

You know that in Scripture, it says faith without works is what? Is dead. My concern is instead of bringing a bill that will feed the hungry, clothe the naked, heal the sick, we instead mandate that people put up a poster and we both follow a teacher, a rabbi who said, “Don’t let the law get in the way of loving your neighbor.”

Loving your neighbor is the most important law. It is the summation of all the law and all the prophets. I would submit to you that our neighbor also includes the Hindu student who sits in a classroom, the Buddhist student who sits in a classroom, and an atheist student who sits in a classroom. And my question to you is, does this bill truly love those students?

It was Texas, so the bill passed anyway.

Speaking of public school classrooms, the recent announcement by Jennifer McCormick that she is running for governor of Indiana was another bit of very good news.

McCormick first won statewide office as a Republican, serving as Superintendent of Public Instruction. As Republican legislators became more and more divorced from sanity and unrepresentative of their constituents, especially with respect to public education, McCormick left the GOP. 

In her announcement, McCormick “tells it like it is.”

“I’m running for governor because our political leaders have lost sight of the challenges they were elected to solve. They are defunding and politicizing our schools, burdening us with the nation’s highest gas tax, taking our rights away, and standing by as we pay the highest health care costs in the nation.  It’s time for a leader who will put Hoosiers first. Together, we can restore common sense and put an end to the divisiveness that’s pulling our state backward,”

 “I know we can move our state forward by fighting for our public schools, making health care accessible and affordable, and bringing good paying jobs to main streets across Indiana. I loved serving our state and look forward to the opportunity to continue meeting with Hoosiers who believe it’s time for change.”

The Indiana Capital Chronicle also quoted McCormick

“I’m running because it’s time Hoosiers are put first, protecting our rights and our freedoms. It’s time Hoosiers have a voice, and a leader who believes in empowering them to make their own decisions,” she said, also emphasizing Indiana’s need for “a champion for a high quality education system.”

That means increased access to childcare, universal pre-K, better K-12 funding and “beyond high school training and education.” She also vowed to expand “accessible and affordable health care,” and to focus on “safe streets” and “safe neighborhoods.”

As Superintendent, McCormick pushed back against the GOP super-majority as it persisted in attacking public education. She had the spine  to leave what the Republican party had become. She would be an awesome governor–and she deserves the votes of every teacher, every woman who wants to control her own body, everyone who has an LGBTQ+  friend or family member…the list goes on.

If enough genuine Christians and actual conservatives refuse to support what the GOP has become, America might begin the long trip back to sanity and responsible governance.

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It’s Not Just Gerrymandering

Give credit where it’s due–Republicans are so much more strategic than Democrats. Of course, maintaining minority control requires certain…techniques.

Talking Points Memo recently reported on Texas’ state takeover of Houston’s schools , in an update of an academic article that was first published in The Conversation by an NYU political science professor.

School takeovers are supposedly efforts to improve public school performance. (Although thirty years of that pesky thing called evidence says takeovers fail to do so.) In Texas, however, the usual justification for takeover–that the  school district is failing–was absent; the district was actually doing reasonably well.

It seems that in 2015, Texas’ Republican-dominated legislature granted the state authority to take over an entire school district if a single school in that district failed to meet state standards for five or more years.

 Although the state has given the Houston Independent School District a B rating, it plans to take over the Houston schools because one school, Wheatley High School, has not made sufficient progress since 2017.

Houston has 280 schools serving over 200,000 students. It employs roughly 12,000 teachers. Wheatley High School serves some 800 students, and employs 50 teachers. Why take over an entire system based on the performance of fewer than 1% of the district’s student/teacher population?

Good question, and that NYU professor has an answer.

In order to understand the logic of the planned state takeover of the Houston schools, it pays to understand the important role that schools have played in the social, political and economic development of communities of color. Historically, communities of color have relied on school level politics as an entry point to broader political participation. School-level politics may involve issues like ending school segregation, demanding more resources for schools, increasing the numbers of teachers and administrators of color, and participating in school board elections.

The process of gaining political power at the local level – and eventually state level – often begins at the schools, particularly the school board. For instance, before Blacks and Latinos elect members of their communities to the city councils, the mayor’s office and the state legislatures, they often elect members to the school board first.

In virtually all Red states, Republicans are heavily dependent on White rural voters to retain power, and they gerrymander accordingly. But in states like Texas (and even, in some analyses, Indiana) population shifts mean that in a few years, racial districting won’t be sufficient.  Houston is the largest urban center in Texas; it’s at the forefront of the growing demographic challenge to the GOP’s grip on state power.

The nine-member Houston school board is reflective of the community it serves. It has three Latinos, four African Americans and two white school board members. This, in my view, is what has put the Houston public school system and school board at the forefront of a battle that is really about race and political power.

The Houston public school system is not failing. Rather–according to the article– Republican Gov. Greg Abbott, together with Education Commissioner Mike Morath and the Republican state legislature, has manufactured an education crisis to prevent people of color in Houston from gaining the sorts of experience and exposure that could eventually translate into statewide political power. (Immediately after the takeover, Abbott and his gang threw out all the board members.)

Takeovers aren’t as effective as gerrymandering, but ulterior motives are far less visible…..

What makes this scenario seem so improbable is that it requires considerable strategic smarts; from my Indiana vantage point, Gregg Abbott is a lot meaner than he is smart. But then I think about the massive gerrymandering that Republicans managed to pull off  in 2010, extensively detailed in the book “Ratfucked.” There were highly sophisticated–and undoubtedly highly paid–  political consultants who managed that very successful multi-state operation.

Maybe the Texas takeover is just part of the GOP’s unremitting war on public education, but the article makes a pretty compelling case that it’s part of the party’s ongoing effort to retain political control–control that is threatened by demographic shift.

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Money Over Sanity

Before the presidency of Donald Trump and the rise of the MAGA/QAnon crazies, I would sometimes need to search for a good example of bad public policy to discuss in my classes. Indiana supplied many of those, but if even the Hoosier state lacked an appropriate case of WTF, I could always depend on Texas.

An article from the New York Times I read a while back suggests that it isn’t only the Texas governor and legislature, or Texas’ outsized influence on textbook selection. The state evidently supplies all manner of nefarious actors seeking to shape federal policies in ways favorable to their bottom lines. The organization profiled by the Times operates beneath the radar, in a far too successful effort to protect fossil fuel companies from those silly laws intended to save the planet.

The Texas Public Policy Foundation is an Austin-based nonprofit organization backed by–and serving the interests of– “oil and gas companies and Republican donors.

With influence campaigns, legal action and model legislation, the group is promoting fossil fuels and trying to stall the American economy’s transition toward renewable energy. It is upfront about its opposition to Vineyard Wind and other renewable energy projects, making no apologies for its advocacy work.

Even after Democrats in Congress passed the biggest climate law in United States history this summer, the organization is undaunted, and its continued efforts highlight the myriad forces working to keep oil, gas and coal companies in business.

In Arizona, the Texas Public Policy Foundation campaigned to keep open one of the biggest coal-fired power plants in the West. In Colorado, it called for looser restrictions on hydraulic fracturing, or fracking. And in Texas, the group crafted the first so-called “energy boycott” law to punish financial institutions that want to scale back their investments in fossil fuel projects, legislation adopted by four other states.

The article also notes that the organization spreads misinformation about climate science, producing  YouTube videos, sponsoring pundits to appear on Fox and Friends, and social media campaigns. The message–aimed at lawmakers and the public–is that a transition away from oil, gas and coal would harm Americans.

They have frequently seized on current events to promote dubious narratives, pinning high gasoline prices on President Biden’s climate policies (economists say that’s not the driver) or claiming the 2021 winter blackout in Texas was the result of unreliable wind energy (it wasn’t).

Foundation personnel travel widely in order to encourage lawmakers in various state to punish companies trying to reduce their carbon emissions. It sponsors an initiative called Life:Powered, that makes what the organization calls “the moral case for fossil fuels.” The basic argument–which doesn’t seem all that moral–is that “American prosperity is rooted in an economy based on oil, gas and coal.

The article quoted the chief executive of an Austin-based trade group for renewable energy companies, who pointed out that the Foundation, whose members spent decades advocating for offshore oil drilling, oppose offshore windfarms. It opposes subsidies for renewables. (Last time I looked, the government continues to subsidize fossil fuel industries to the tune of 20 billion dollars annually.)

They’re for looser restrictions on fracking and drilling, but greater restrictions for solar and wind. This organization exists to defend fossil fuels from any threat to their market share.”

On Thanksgiving, Jason Isaac, an executive at the group, tweeted “Today, I’m thankful to live a high-carbon lifestyle and wish the rest of the world could too. Energy poverty = poverty. #decarbonization is dangerous and deadly.”

The article goes on to describe the various ways the amply-funded Foundation influences policy and protects the financial interests of fossil fuel industries.It’s a textbook example of the way monied interests drive American policy.

There are several issues here, the most obvious of which is how these people can sleep at night. An overwhelming scientific consensus warns that continued reliance on fossil fuels threatens the Earth. Perhaps they don’t care about other people, but presumably many of them have children and grandchildren…

Less obvious, perhaps, but equally confounding ,is the ability of this organization and others like it–organizations that are pursing equally dangerous and/or dishonest goals (ALEC comes to mind, but there are hundreds, if not thousands, of others)– to wield dramatically disproportionate influence in America’s legislative bodies.

Ordinary citizens lack the resources to hire lobbyists, make significant campaign contributions and otherwise mount effective responses to these organizations. Worse still, the stealthy ways in which these organizations influence policy keeps most of us ordinary citizens from recognizing their existence or understanding what they are doing and how they are doing it.

It’s fashionable these days to attack capitalism, but America no longer has a genuinely capitalist economic system; it has corporatism— control of government  by large interest groups.

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