Another loss in court for Abbott

Judge Dietz will stay on the school finance case.

State District Judge John Dietz will remain the presiding judge in the long-running Texas school finance case after a motion by the attorney general to oust him was rejected on Monday.

State Judge David Peeples of San Antonio dismissed allegations that Dietz engaged in improper communications with attorneys for school districts suing the state. At a hearing on Friday, lawyers for the attorney general’s office said Dietz exchanged multiple e-mails and coached school district attorneys while he was working on his final judgment in the lawsuit.

“The circumstances shown by the evidence do not justify recusal (removal),” Judge Peeples said in his order. He added that the evidence indicated the state had agreed to the “ex parte” communications.

“This court emphatically rejects any suggestion that Judge Dietz intentionally or knowingly engaged in ex parte discussions without thinking that (all) the parties had agreed to allow this,” he said in his nine-page ruling.

It is common practice in civil suits for a judge to receive input from attorneys on the prevailing side in writing a final judgment in the case.

Dietz is now expected to resume work on his estimated 350-page decision on whether the current Texas school finance system is constitutional.

Quorum Report picks up on the mocking tone Judge Peeples used in denying the state of Texas' request.

In his brief opinion sent to lawyers and media alike (late Monday evening), Peeples opined that correspondence indicated the state clearly understood the communication between Dietz and plaintiff attorneys, even if the state didn’t recognize the extent of that communication. The extent Dietz’s procedure might be considered rare, if not possibly unique, but it did not meet the legal threshold for impartiality.

“The State knew that the ISD plaintiffs would be drafting proposed (findings of fact and conclusions of law) and sending them to the court,” Peeples wrote in his opinion released tonight. “Submissions from a prevailing party cannot be expected to be neutral and dispassionate, especially in a case like this one. It seems implicit that this procedure contemplated some feedback in each direction, some back-and-forth discussion. All parties must have understood that there would be some give and take, such as: “Let’s keep A, omit B, and modify C. Why do you suggest D? E seems better, but I am interested in your explanation for preferring D.” Is it the better practice to be explicit when deviating from usual procedures? Absolutely! But, as said above, the inquiry in this recusal proceeding is not best practices but whether a judge’s impartiality can be reasonably questioned.”

Greg Abbott is a shit lawyer, and apparently he hires other shitty lawyers to work in the OAG.  Having to argue a losing case is one thing.  Having an extreme partisan political bias in arguing a losing case is another; being wildly incompetent is something else further.  He's not stupid so much as he is obstinate about thinking he's right when he's so wrong.  (I grant that some people might consider that stupid.)

It just never ceases to amaze me that Abbott can repeatedly demonstrate his lack of understanding about the law, about legal strategy, about essentially everything necessary to conduct oneself as a competent attorney and never be held to account for it.  It's not greatly different from the massive ineptitude demonstrated by other nominees on the Texas Republican ballot, like Glenn Hegar and Sid Miller and so forth.  But it seems as if the mission of Republicans all across the country is to govern in the least effective manner possible... in order to demonstrate how useless government can be.

You know, the joke goes: "Government is broken! Elect me and I'll break it into smaller pieces".

It has a whiff of anarchy about it.

Update: More on Abbott's continuing misfortunes from Socratic Gadfly.  And the fallout from the ruling, via the Austin Chronicle.

It's far from good news for Abbott. The generous interpretation is that, as attorney general, he has been stuck with defending a piece of legislation and a funding situation. Now he is the Republican contender for governor, and so his first act in the mansion could be handing court-mandated instructions to the new legislature to create a new system and properly fund it. He may still appeal Peeple's ruling, and even if Dietz stays on the case, Abbott could also appeal any ruling to the Texas Supreme Court. But this is not necessarily the kind of issue that he wants hanging over his head during an election cycle.

On the other hand, it could well be good news for his opponent, Sen. Wendy Davis, D-Fort Worth. She actually rose to prominence in Democratic circles, not through her 2013 reproductive rights filibuster, but her 2011 fight against the Shapiro-Eissler compromise. She has already called on Abbott to end the state's challenge to the lawsuits. Today she applauded Peeple's ruling, saying that "every day, Abbott is proving he's more interested in working for his political insider friends than protecting Texas public schools, and his request to remove Dietz shows just how far he'll go to protect those interests."

The pre-TDP Convention Wrangle

Today is my mother's 88th birthday, and we celebrated it yesterday with her. Which is why I didn't post that yesterday, four years ago, in a Fort Worth Star-Telegram poll (don't you wish newspapers hadn't given up polling?) Bill White was tied -- that's right; dead even -- with Rick Perry, at 43%, in the 2010 race for Texas governor.

My brother Neil has the link to the FWST (which is dead now) and you can sense the enthusiasm he felt for change in Texas at the time.  It remains to be seen, of course, whether Texans will remain cynical about Wendy Davis' chances -- portending another Red Tea Tide, as happened four years ago -- or whether she can rise against that, and the prevailing historical undercurrents, in just over four months.

The Texas Democratic Party convenes in Dallas beginning Thursday and continuing through Saturday, and I'll provide reports from the scene (as will many others).   Here's the roundup of the best from the Texas Progressive Alliance's blogs from last week.

Off the Kuff sets a standard for success for Democrats in the fall elections.

Libby Shaw at Texas Kaos is not in the least bit surprised to learn Texas Republican politicians are playing red meat politics with the Texas/Mexico border crisis. The Texas GOP: Now it's IMMIGEDDON.

WCNews at Eye on Williamson on the Texas corporate toll road headed for a state bailout: I Hate To Say I Told You So...But.

Bay Area Houston has a picture of the face of the Texas Tea Party.

PDiddie at Brains and Eggs has a roundup of news from the Rio Grande "boarder".

CouldBeTrue of South Texas Chisme knows that the Texas Republicans are anti-immigrant and anti-Hispanic. And they lie about it.

Neil at All People Have Value speculated about the meaning of a Texas license plate he saw with both the Don't Tread On Me Flag & the word "Glock" on the plate. All People Have Value is part of NeilAquino.com.

It's a scenario that is almost unimaginable as a parent. The joyous day comes when your twin babies are born, and after welcoming them into the world, and caring for the young ones every minute, a court invalidates your biological rights to your precious kids. It may sound like a nightmare scenario, but Texas Leftist has discovered one Fort Worth gay couple that is enduring that pain right now.

=======================

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

The Texas Election Law Blog criticizes a state law that allows for elections featuring unopposed candidates to be cancelled.

Offcite declares that now is the time to save the ecosystems ringing Houston.

TransGriot reviews the next steps in the Houston Equal Rights Ordinance fight.

Denise Romano documents the cost of lies about the Affordable Care Act.

Lone Star Q examines a bizarre pro-diversity campaign by the Metroplex Republicans that nobody else seems to know anything about.

Socratic Gadfly reports on the Texas drought and how it's affecting the Brazos river.

The Inanity of Sanity notes the anniversary of Wendy Davis' filibuster for women's reproductive freedom, and TFN Insider has the overview of Fight Back Texas, the site that collected the oral histories of the participants.

State Impact Texas has the news that a federal judge has approved the landmark $3 million judgment against a fracking company, by a family made ill from the process.

Sunday Funnies

The "boarders"

That misspelling by too many pathetic conservatives is, sadly, now a haunting description of the current situation in South Texas.  And the proposed responses to the humanitarian crisis are getting more shrill.  Ted Cruz is squealing, Dan Patrick is shrieking... but fortunately for us all, Greg Abbott is still in hiding and Rick Perry is busy cleaning something off his new shoes (no boots for him anymore).

State Sen. Dan Patrick the Republican candidate for lieutenant governor, joined some of his conservative colleagues on Tuesday in calling for “immediate action” to address the surge of undocumented immigrants crossing into Texas.

“The Texas Department of Public Safety has indicated that sustained operations along our southern border will require $1.3 million per week," Patrick said in a statement. "I am calling on the governor, lieutenant governor and speaker of the House to immediately allocate $1.3 million a week in emergency spending for the rest of the year for added border security through Texas law enforcement."

That's a Band-Aid on a bullet wound.

There is going to be a horde of armed folks showing up with guns to play soldier. I can't think of a more dangerous situation. The border is a dangerous place to begin with. A surge only makes it worse.

Rick Perry should return to Texas and address this problem. A letter signed by state leaders in support of a surge is not a fix. An armed vigilante force is not a fix. A letter from the tea party is not a fix. I'm not sure that there is a fix, but this plan isn't it. There is no doubt that the situation on the border is serious. It is both a humanitarian and a demographic crisis. But it can't be fixed by politicians playing politics during an election season in an attempt to throw red meat to the base.

Rick Perry won't be fixing it, won't even be trying to.  Neither will Greg Abbott or Dan Patrick, of course.  It is, in fact, something that Barack Obama needs to take action upon.  More than likely, however, it's going to be a problem that Hillary Clinton -- together with Wendy Davis and Leticia Van de Putte -- will have to address when they all are elected.  Hopefully.

State Sen. Leticia Van de Putte, D-San Antonio, Patrick’s opponent in the race for lieutenant governor, said that “partisan politics and fear-mongering” would not solve the problem at the border and called on federal lawmakers to turn their attention to what she said is the driving force behind the exodus.

“Washington must tackle the root causes of this crisis: weak governments, entrenched poverty and the growing power of violent criminal actors in Central America,” she said in a statement. “Texans have a long tradition of looking after our neighbors in times of need. These too are children of God. State and federal government should follow suit, and partner with our faith-based organizations, nonprofits, food banks, and health providers to help these children.”

ICE, as we know, is overwhelmed.  They are staying busy shipping migrants to Arizona and flying them back to their home nations, and still they come, fleeing the economic injustices in Central America that have left them sick and starving.  Even burying those who have died in transit has now become an American disgrace.

And, though he earns a share, you cannot blame it all on Obama.

(T)he only way to tackle root causes is for Washington to stop meddling in other countries’ affairs -- political and economic. The influx of kids mostly comes from El Salvador, Honduras, Belize, and Guatemala; all countries whose governments are or have historically been supported by the U.S. because they elected whom the U.S. wanted (or placed in power by coup), as our friends at Latino Rebels remind us. The Central American Free Trade Agreement and meddling in these countries’ elections has certainly taken its toll to the point where cash-rich criminal enterprises easily yield power. And let’s not forget that some of these right-wing governments are quite oppressive, as well, particularly toward the poor. What do you think is the socio-economic status of the kids coming over? So, if these governments are weak, we can definitely point to US Latin American policy as a root cause.

As things stand, there is a crisis and it’s growing. With 90,000 kids expected to come over and be apprehended by the end of 2014, facilities and manpower are already busting at the seams. As we heard recently, the Border Patrol was complaining about doing diaper duty and babysitting. If only the DPS dollars were for humanitarian aid, rather than a weak attempt at border militarization. Because all of this just seems to be another dose of Republican theater -- $40 million worth of bad theater.

Even Bill Clinton -- as far back as 2010, mind you -- has come to the realization that these free trade pacts turned out badly for everybody involved.  And for the record, Hillary needs to quickly get to the same public understanding about her role in the Trans-Pacific Partnership.  The children streaming across the Rio Grande have exposed the naked greed and corruption associated with politicians of both parties currying favor with the diversified global conglomerates.

As bad as it is, our free-trade, cheap-foreign-labor Democrats still ain't got nuthin' on Republicans.

The chickens of NAFTA and CAFTA are coming home to roost.  And if we the people don't stop it, the TPP will eventually produce the same economic disparity and dislocation.  It's going to take much more critical thinking to apply some remedies to our hemispheric economy than a police surge at the Texas border can fix.

And let's establish that Republicans just are not capable of that much deep thought.

Update: Rick Perry writes a sternly worded letter.  I seem to recall television commercials from 2002, 2006, and 2010 suggesting Rick Perry was capable of taking more action about immigration than just writing a letter.  Conservatives, you've been played.

Another round of bad news for Republicans

-- Wendy Davis defeats Greg Abbott... again.  She won a lower court decision in her redistricting case, which meant he had to pay her legal fees.  He contested that, and not only lost but got slapped by the federal judge, Rosemary Collyer.  Emphasis mine.

This matter presents a case study in how not to respond to a motion for attorney fees and costs. At issue is whether defendant-intervenors, who prevailed in Voting Rights Act litigation before a three-judge panel, may recoup attorney fees and costs even though the Supreme Court vacated that opinion in light of the Supreme Court’s subsequent decision in a different lawsuit that declared a section of the Voting Rights Act unconstitutional. A quick search of the Federal Reporter reveals the complexity of this narrow question. Yet, rather than engage the fee applicants, Plaintiff Texas basically ignores the arguments supporting an award of fees and costs. In a three-page filing entitled “Advisory,” Texas trumpets the Supreme Court’s decision, expresses indignation at having to respond at all, and presumes that the motion for attorney fees is so frivolous that Texas need not provide further briefing in opposition unless requested. Such an opposition is insufficient in this jurisdiction. Circuit precedent and the Local Rules of this Court provide that the failure to respond to an opposing party’s arguments results in waiver as to the unaddressed contentions, and the Court finds that Texas’s “Advisory” presents no opposition on the applicable law. Accordingly, the Court will award the requested fees and costs.

What a splendidly crappy lawyer Greg Abbott is.  The whole thing, if you're into that.

-- TXGOP chair Steve Munisteri backs slowly away from the reparative therapy plank in his party's platform.

Munisteri, who won re-election as chairman during the convention in Fort Worth, told Texas Public Radio this week he doesn’t think it’s possible to convert someone from homosexual to heterosexual through therapy.

“And I just make the point for anybody that thinks that may be the possibility: Do they think they can take a straight person to a psychiatrist and turn them gay?” Munisteri said.

Yeah... no.  You broke that shit, you own it. Update: Wonkette.

-- A majority of Americans, between 57% and 67% depending on how the question is asked, support the Obama administration's new EPA guidelines meant to throttle power plant pollution.  A majority of TeaBaggers -- 74% -- do not.  Of course, they are out of step with the country on Common Core, and immigration, and pretty much everything else, so is this really news?

The only reason they think they're the majority is because they're the only ones voting.  Then again... is that their fault?