Wednesday, June 24, 2015

Pride celebrations, SCOTUS marriage equality judgment on collision course

-- Tomorrow (perhaps).

Houston Pride Week culminates with the Houston LGBT Pride Celebration featuring a day-long festival and a nighttime parade [...] With the Supreme Court expecting to rule on legality of same sex marriages any day now, could there be extra reason to celebrate this weekend? If so, expect this event to be one of the biggest in Houston's history.

Could be a deliriously happy time this Saturday, or it could be a party tinged with remorseful resolve.  I'm betting on the former.

-- While I'm prognosticating on Supreme Court rulings, I also have growing confidence that the justices are not going to strike down Obamacare subsidies.  This is one reason why.

The Supreme Court is expected to issue a decision any day now in a case that could severely damage healthcare reform in America, in a challenge that famously focuses on four words in the law.

During oral arguments in March, Justice Elena Kagan asked a clever question, which drew laughter, in an apparent attempt to explain why four words in one section of the law shouldn't be read literally.

The case will determine whether the US can keep subsidizing health insurance for people in the roughly three dozen states where insurance exchanges are run by the federal government.

One part of the law specifically says the federal government can establish insurance exchanges on behalf of the state, but another section says people buying insurance through exchanges "established by the state" get subsidies. The law's opponents contend this means that those buying insurance through exchanges set up by the federal government don't get subsidies.

Since Kagan's question goes a little deeper into the weeds than this good explainer of where we find ourselves today, I'll let you click over and read it.  Here's the even better reason why I think O-Care remains standing.

Kagan was not the only justice who had tough questions for the lawyer opposing Obamacare. Justice Anthony Kennedy, a key swing vote on the court, said during oral arguments he saw a "serious Constitutional" issue with the position taken by the latest opponents of the ACA.

Here's Kennedy's problem: Under the interpretation put forth by the law's opponents, states will effectively be coerced into setting up their own exchanges if they want their citizens to have insurance.

"If that's Kennedy's view of the case, there's almost no chance that the challengers can win," UCLA constitutional law professor Adam Winkler told Business Insider.

I'll say 6-3 in both case decisions, because I think that the Chief Justice does not want to be on the wrong side of history -- that is to say, with Scalia, Thomas, and Alito -- on either one.

As I did earlier in the week, I'll be watching the SCOTUSblog and the Twitter feed for the instant developments Thursday morning, posting here and Tweeting along with everybody else as the verdicts roll out.  Here is some detail about the seven cases remaining to be decided.  Beyond that, there's also this, breaking late this afternoon...

Justice Antonin Scalia, setting the stage for prompt Supreme Court action on the enforcement of a Texas abortion law, on Wednesday told Texas to reply by 4 p.m. Friday on whether that law should be put on hold temporarily.  Abortion clinics and doctors in the state have asked the Court, through Scalia, to delay the law’s effect until the Justices act on an appeal they will file later.

Scalia acted a day after the postponement was sought, with the clinics and doctors noting that swift action was necessary because the two key provisions of the state law are due to go into effect next Wednesday.  Scalia has the authority to act on his own, but he probably will share the issue with his colleagues, as he did in October when the Court dealt with the Texas case at a preliminary stage.

So we should know more about the fate of Texas women's health clinics, also shortly.

The Supreme Court is likely to finish its current term early next week. Although it is likely to take some action on the delay request by then, it will not act on the coming appeal until next fall, because of its summer recess.

First Houston mayoral poll shows Turner, Garcia tied at lead

Some other surprises here as well.

Sylvester Turner and Adrian Garcia have emerged as the clear front-runners in the first independent poll before the election that will determine Houston's next mayor.

The KHOU – Houston Public Media Poll indicates a clear divide between two tiers of candidates, with Turner and Garcia well ahead of all other contenders to take charge at Houston City Hall after the term-limited Mayor Annise Parker leaves office at the end of this year.

Turner, the longtime state representative making his third run for mayor, leads the pack with 16 percent of surveyed likely voters. Garcia, the former Harris County sheriff, comes in second at 12 percent.

The rest of the candidates in the poll drop into single digits. Chris Bell, the former congressman making his second run for mayor, won the support of 8 percent of surveyed voters.  Both Ben Hall, the former city attorney making his second mayoral run, and former Kemah mayor Bill King, stand at 3 percent. City Councilman Stephen Costello stands at 2 percent.

"There's two tiers of candidates," said Bob Stein, the KHOU political analyst and Rice University political scientist who designed the poll. "If you had to pick a runoff match-up, it would have to be Turner and Garcia. And I don't think that comes as any surprise."

Turner, Garcia and Bell share a distinct advantage over the other candidates because their names have repeatedly appeared on Houston ballots for more than a decade.

Stein's a bit more officious even than his usual in terms of confidence in polling that reveals 50% of likely voters are undecided.  In the breakdown -- compared with my sense of the race -- Garcia's support is much stronger than I would have guessed in a sample of 47% Democrats... and 51% of those Caucasian.  (Click on the tabs to see these figures).  And his strength isn't due to an oversampling of Latinos; the poll breaks over half white, 27% black, and 8% Latino among likely voters, which historically is probably an accurate reflection of the electorate in real life.  (Hopefully Charles will provide some context in the next day or two regarding this.  Update: And he does.)  What I draw from those numbers, at the very least, is that Garcia's got a lot more Caucasian backers than I thought.

And while the reason that the Republican candidates are polling so low does have to do with name recognition, it's also because there are just 19% of likely voters identifying as GOP in this survey.  That's way, way off.  Stein's demographics have 26% of likely voters calling themselves independent.  Even if some of those are just embarrassed Republicans, there's still something wrong here with the nearly invisible support for King, Costello, and Hall.  Their combined total among likelies is just 8%.

I don't think so.  Put those two results together and you have to conclude that a bunch of white Republicans in this survey are favoring Sylvester Turner or Adrian Garcia for mayor.  Do you really think that's the case?

What may come as a surprise in this poll is the number of voters who've already chosen their candidate.

A little more than four months before Election Day, half of all likely voters told pollsters they had already made up their minds.

"The people who stay and vote tend to be disproportionately older, Anglo, Democratic, educated homeowners," Stein said. "These are experienced people who are doing just what they've done before: Voting for Adrian Garcia and Sylvester Turner."

This fairly absolute certainty among those polled might be the biggest surprise.

"It's worth noting that among voters who told us who they were supporting -- had picked a candidate -- over half told us they could not vote for any other candidate," Stein said.

The poll conducted between May 20 and June 21 surveyed 500 voters who had cast ballots in at least two of the last three Houston city elections. The margin of error is 4.5-percent. "These are voters who clearly have picked their candidates," Stein said. "And there's a high probability that well over half of them aren't moving. And they're not moving even in the runoff election."

I'm having a little trouble with that premise as well: half of the likely electorate (that has made a choice at all, mind you) has one guy in mind, and their mind isn't going to change?  Especially this far away from Election Day?  Dubious.

Questions about the polling data and/or methodology aside, my main takeaway is that Adrian Garcia may not need 'historic turnout' from his community after all.

The poll also contains some bad news for Astrodome supporters; 61% don't want any taxpayer money involved in whatever may come of its repurposing.  And 50% still say that transportation matters -- a combination of congestion, bad roads, and public transit -- are the city's greatest challenges, far ahead of crime (10%), flooding (8%), and a mish-mash of 17 other concerns totaling 32%, or an average of about 2% each.

So our first data point for November's election provides us with some great  kaffe-klatching, maybe some revealing developments, but a few cautions.   Who's next and when?