Tuesday, November 26, 2013

Beating Abbott now, and beating him in November

Winning lawsuits isn't really his strong suit, but Greg Abbott knows he cannot afford to lose this one to Wendy Davis.  And that has nothing to do with the taxpayer's money he's already spent fighting a losing battle.

"Loser pays" is what the law says.  The law Texas Republicans passed.  And Abbott, as we all know, is the state's biggest loser.

Lawyers who helped Sen. Wendy Davis beat back Republican-led efforts to retool her Tarrant County district urged a federal court Monday to award them hundreds of thousands of dollars spent fighting Attorney General Greg Abbott in the case. ...

In September, a federal court in San Antonio declared Davis a "prevailing" party and instructed her lawyers to file to recoup legal costs. Since then, the redistricting court fight over a state Senate map has centered on a request from Davis' lawyers and the League of United Latin American Citizens for more than $700,000 in total reimbursement.

The 5th Circuit Court of Appeals last week rejected Abbott's initial request to block Davis' legal team from being awarded attorney fees. The case now gets bounced back to the court in San Antonio to decide how much, if anything, the state should pay back the Davis legal team.

Abbott lost at the Fifth Circuit.  Let that soak in for a minute.  The $700 large is really just pocket change in the grand scheme; the bragging rights are much more valuable.

Important note: The 5th Circuit did not rule on the merits, i.e. the substantive claims made for or against the fees, in the case. It basically told the state that its appeal is untimely and should come later — after the San Antonio court rules on the requested attorney fees (read the state’s brief here and Davis’ brief here).

A majority of the three-judge panel told the Texas attorney general that he was jumping the gun on his appeal.  "Go back home and wait for decision from the lower court, Skippy".  That is priceless.

Abbott’s legal team can file another appeal with the 5th Circuit if the San Antonio court awards fees to Davis’ lawyers. And Abbott’s office on Monday made clear that it plans to do just that if necessary.

“The 5th Circuit expressed no view on the merits of Davis’ request for attorneys’ fees or the district court’s designation of her as a prevailing party,” Abbott spokeswoman Lauren Bean said in a statement. “Those issues will be back in front of the 5th Circuit at a later date.”

In other words, 'we'll keep fighting and we'll keep losing'.  For some reason I am reminded here of the 43 votes taken in the US House of Representatives to repeal Obamacare, and since those were all failures, Plan B is to complain loudly about a glitchy website. 

All this conservative losing bodes well for 2014, don't you think?

Monday, November 25, 2013

The Weekly Wrangle

The Texas Progressive Alliance is thankful for many things, this week and every week, as we bring you the blog post roundup of the best of the left of Texas from last week.

Off the Kuff calls on Wendy Davis to make an issue out of Rick Perry's refusal to follow the Defense Department's directive on same sex benefits for National Guard members.

Texpatriate has special news this week, as Sophia announced in her Week in Review video that founder and editorial board member Noah M. Horwitz will be moving to Austin this January to continue his collegiate studies at the University of Texas and lead a new and exciting chapter for Texpatriate in the state capital.

Eye On Williamson is still blogging at our temporary home. Here's an update on what's happening with local candidate news, and Democratic efforts in Williamson County.

In her final term as Houston mayor, Annise Parker has begun enacting a progressive agenda, much to the surprised delight of PDiddie at Brains and Eggs. Same-sex spousal benefits for municipal employees, a wage theft ordinance, and legislation reining in payday lenders all came to fruition in the past week, signaling measurable progress for the Bayou City.

CouldBeTrue of South Texas Chisme wants you to know that John Cornyn has a clear record of protecting rapists. Why? He also says stupid stuff about foreign policy.

Looking to move ahead to the rest of life, Neil at All People Have Value made a donation to Wendy Davis for Governor of Texas. All People Have Value is part of NeilAquino.com.

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And here are some posts of interest from other Texas blogs.

Concerned Citizens provides copies of all the documents in the lawsuit filed to overturn Texas' ban on same sex marriage.

TFN Insider celebrates a win for science education.

Mark Bennett debunks a claim about sex trafficking in Texas.

John Coby calls out the Young Conservatives of Texas for their racist "catch an illegal immigrant" game.

Better Texas Blog explains a pilot program to do something about student loan default in Texas.

The Texas Green Report brings word of the possible adoption of the International Energy Conservation code.

The Makeshift Academic applauds Houston's wage theft law.

BOR scoffs at Greg Abbott's claim that there were "no problems" with the voter ID law during this past election.

Yes To Texas makes us all feel old.

And finally, the TPA congratulates Juanita Jean on the birth of her first grandchild, and Lone Star Ma on the occasion of her daughter's first time casting a vote.