Tag Archives: Texas Legislature

legal news

Roe v. Wade far from ‘settled’

If you thought the landmark Supreme Court decision that legalized abortion in the United States had become “settled law,” you had better think again.

The 1973 Roe v. Wade decision is now under a full frontal assault by Texas Gov. Greg Abbott and the Republican-controlled Texas Legislature. Texas now has a law on the books that prohibits a woman from obtaining an abortion as early as six weeks into her pregnancy.

President Biden calls the law “unconstitutional.” The current Supreme Court ruled 5 to 4 to let the law take effect even though it is being contested by multiple lawsuits.

One of the four dissenting justices, Stephen Breyer, calls the SCOTUS decision “very, very, very wrong.”

The Texas Tribune reports: The Texas law is novel for incentivizing private citizens to police abortions. It empowers anyone living in the state of Texas to sue an abortion provider or anyone else they suspect is “aiding and abetting” abortions after the six-week mark. Those opposing the law say this may be far-ranging and could include the abortion provider or anyone who provided transportation to a woman, or counseled or referred a woman for an abortion.

Stephen Breyer calls Supreme Court decision on Texas abortion law ‘wrong’ | The Texas Tribune

There’s a fascinating bit of irony at play here. Conservatives proclaim proudly that they oppose what they call “judicial activism.” They say they dislike court decisions that go beyond the Constitution’s strict adherence to original intent.

From my perch in North Texas, it appears that most of the court’s conservatives — except for Chief Justice John Roberts, who sided with the liberal wing — are engaging in a raw form of judicial activism by dismissing the lawsuits and declaring that a law that is being challenged should take effect.

Wouldn’t a “conservative” court just let the litigation play out and stay out of the way?

Settled law? Not when you have a group of judicial activists on the nation’s highest court.

johnkanelis_92@hotmail.com

State news

Not so funny, eh?

Whoever photo-shopped this picture perhaps thought he or she was cracking wise.

In fact, it ain’t funny.

The Texas Legislature and the state’s governor, Greg Abbott, are turning the state into the butt of jokes that won’t make many of us laugh out loud.

The state has enacted three laws that took effect at the start of the month that give me the heebie-jeebies.

One of them is the so-called “constitutional carry law” that allows any Texas resident — with some exceptions — to pack heat openly without ever having to be tested to determine if they know how to handle a firearm. They can’t be convicted felons, or convicted of domestic abuse or be a dishonorably discharged military veteran. But … still.

Another of them sets strict voting restrictions aimed primarily at voters who live in heavily Democratic communities. It bans drive-in balloting, restricts vote by mail and gives partisan poll watchers more power to snoop at what voters are doing at polling places.

Then we have this law that effectively makes abortion illegal in Texas. It says women cannot terminate a pregnancy earlier than six weeks … when most women don’t even know they’re pregnant!

I suppose I should note that these laws are being driven by Texas Republican pols.

A couple we know well once moved out of Texas and settled in Virginia. Part of the reason they made the move — and this was years ago — was because of the wacky political climate that was developing in this state. The husband half of this couple, a retired journalist, told me bluntly that the state was going bonkers and he couldn’t stand to be anywhere near the state where he came of age as a young man. This couple was ahead of their time.

Accordingly, I get asked now and then, “Why do you live in that state?” Well, we live here because we came to Texas more than 37 years ago because I wanted to pursue my career as a print journalist. We are staying here because we love watching our granddaughter grow up.

As for the politics, I am going to compartmentalize all these political matters. I pledge to not let them get me down. It’ll be a tough task, but we do have a good life here … even if the politicians who write these laws are trying mightily to pi** me off.

johnkanelis_92@hotmail.com

State news

Hoping DOJ can reverse abortion ban

You are welcome to count me as one American who hopes that the U.S. Department of Justice can find a way to circumvent the Texas law that all but eliminates abortion in this state.

Why? Because the law signed recently by Gov. Greg Abbott removes a woman’s right to make a determination on what to do about her own body; it places it in the hands of politicians — most of whom are male — who are seeking to appease constituencies with agendas that have nothing to do with women’s rights and freedom.

Attorney General Merrick Garland has declared DOJ’s intent to examine how to force Texas to back away from a law that makes it illegal for a woman to terminate a pregnancy later than six weeks after conception.

I haven’t ever discussed this matter with young women, but my understanding based on what I have learned over many years of life is that a minuscule number of women even know they are pregnant fewer than six weeks after conceiving a child.

This battle sets up a national state-by-state fight as legislatures elsewhere consider ways to do what the Texas Legislature has done.

The Texas Tribune reports:

Some abortion rights advocates also worry other state legislatures may follow in Texas’ footsteps. Because SB 8 relies on private citizens to enforce the law, it skirts the Supreme Court’s landmark Roe v. Wade decision, which has constitutionally protected abortion rights for almost 50 years, said Josh Blackman, a constitutional law professor at South Texas College of Law Houston.

President Joe Biden denounced the Texas law in a statement released on Wednesday, also without specifying a course of action.

“My administration is deeply committed to the constitutional right established in Roe v. Wade nearly five decades ago and will protect and defend that right,” Biden said.

Texas’ abortion ban faces potential Justice Department challenge | The Texas Tribune

It had been thought over many years that the Roe vs. Wade decision handed by the Supreme Court in 1973 had become “settled law.” I guess not, given the current SCOTUS’s decision not to hear a challenge to the Texas law.

I hope DOJ succeeds in finding a way to restore what should be a woman’s constitutional right to make the most difficult decision anyone should ever have to make.

johnkanelis_92@hotmail.com

local news

Sen. Seliger takes aim at veto power

By John Kanelis / johnkanelis_92@hotmail.com

Kel Seliger already has antagonized Texas Lt. Gov. Dan Patrick.

Now he has drawn a bead (so to speak) on Texas Gov. Greg Abbott. The Amarillo Republican state senator has filed a bill that seeks to overrule the governor’s line-item veto power.

According to Amarillo Matters, a political action committee based in the Texas Panhandle: Senator Kel Seliger filed a bill to remove Governor Greg Abbott’s line-item veto power. The move comes after Abbott used his Executive Power to veto Article X of the State’s budget, which includes funding for House and Senate lawmakers, their staffers, and those working in nonpartisan legislative agencies. In a tweet, Seliger said, “Out of frustration, the Governor vetoed all funding for the Legislative Branch because Democrats broke quorum. But, vetoing this funding doesn’t punish legislators who left. It punishes regular, hard-working folks who have nothing to do with voting for or against bills.”  

My hunch is that Seliger isn’t going to align with legislative Democrats in their dispute with the GOP over voting restrictions proposed in legislation. Democrats bolted the Legislature to deny the quorum required to enact legislation.

However, Seliger is correct in identifying Abbott’s motives and his hideous overreaction to what Texas legislative Democrats did. He isn’t punishing Democratic politicians. Abbott is taking his anger out on the hard-working staffers who have done nothing to incur the governor’s wrath.

national news

GOP duplicity: simply stunning

By John Kanelis / johnkanelis_92@hotmail.com

The duplicity and hypocrisy being shown by congressional Republicans is an astonishing sight to those of us who believe in fairness and good government.

The GOP caucus in Congress is hell bent on supporting Republican-controlled state legislatures — such as in Texas — for their effort to curb “widespread voter fraud” that doesn’t exist. The GOP caucus is resisting efforts to approve the John Lewis Voting Rights Act named after the late civil rights icon. Why? They suggest that legislatures have the answer to how to ensure free and fair elections while preventing vote fraud that — I state again — does not exist.

Meanwhile, the same GOP caucus turns its back on the impact of the Jan. 6 insurrection incited by the former Seditionist in Chief. People were killed. They were injured. A mob comprising thousands of domestic terrorists stormed the Capitol Building that day to prevent the certification of the 2020 presidential election.

The GOP response? Nothing, man! They have been delivered tangible, visible, visceral proof of extreme malice among the rioters who wanted to “hang” Vice President Pence that day. Meanwhile, the former POTUS did nothing to stop the riot. He reportedly cheered them on from the safety of the White House.

And this doesn’t seem to bother most members of the GOP caucus in Congress? My goodness. I am ashamed of them all.

State news

Where’s the fraud … Dan?

By John Kanelis / johnkanelis_92@hotmail.com

So help me, I cannot get my noggin past that idiotic offer Texas Lt. Gov.  Dan Patrick made some months ago to his fellow Texans.

He offered to pay anyone a million bucks if they produced evidence of widespread vote fraud in Texas during the 2020 presidential election. The offer has become part of the Republican legislative mantra as legislators seek to make it more difficult for Texans to vote.

The link between the offer and the GOP legislative effort is clear: Republicans insist there was fraud; no one has produced a shred of proof of fraud in Texas or anywhere else for that matter.

Patrick — who came into this world with the name of Dannie Scott Goeb (and I don’t know why I mentioned that, other than perhaps to illustrate this clown’s phoniness) — has made vote fraud an issue as he pushes the Texas Senate over which he presides to enact these restrictions.

Why, though, hasn’t Patrick produced proof? Why is he relying on some unknown Texan to provide the Legislature with proof — where none exists — of vote fraud?

The reason the lieutenant governor hasn’t delivered the goods is because there are no goods to deliver. It’s also why he hasn’t been forced to shell out the dough to anyone else who has proof of vote fraud.

It is another version of The Big Lie.

Lt. Gov. Patrick’s offer remains on the table. I do not expect anyone to come forward with proof of vote fraud. Which begs the question: Has the Texas lieutenant governor committed an act of treason — along with the former Nitwit in Chief — by challenging a free and fair election?

State news

Hang tough, Texas Dems

5 Comments

By John Kanelis / johnkanelis_92@hotmail.com

Here we go … again.

Texas Democratic legislators are fleeing the state to deny a quorum from being present to enact a law they find onerous … so much so that they are willing to watch state government grind to a halt.

To which I say: More power to em!

Gov. Greg Abbott called a special session to deal with some unresolved issues left by the regular legislative session. One of them is this goofy notion of protecting the Texas electoral system against a phantom known as “widespread voter fraud.”

Read my lips: There is no such fraud in Texas!

Texas Democrats attempt to block voting bill by fleeing state | The Texas Tribune

Yet the Texas Republican legislative caucus insists on throwing up barriers to voter access to prevent the kind of fraud some of them suggest occurred during the 2020 election that President Biden won bigly over the Republican incumbent who masqueraded as POTUS for four years.

Texas Democrats managed to stymie this rush toward voter suppression at the end of the Legislature’s regular session in late May. Republicans made a few changes to the proposed legislation in an effort to make it more palatable to Democrats when they convened for their special session.

A lot of clunkers remain in the amended version embraced by the Texas GOP. They still want to ban 24-hour mail-in voting; they still insist on having partisan poll watchers on duty while Texans cast their ballots.

The essence of a thriving democratic system of government is to encourage more people — not fewer of them — to vote in our elections. Texas was among many states across the nation that enjoyed record voter turnout in the 2020 presidential election. The 45th POTUS carried the state’s vote by about 6 percentage points, yet the Republican Party of Texas has concocted this notion that Texas was infected by rampant voter fraud.

Indeed, Lt. Gov. Dan Patrick offered any Texan a million bucks if he or she could produce fraud on a scale that GOP honchos insist occurred in 2020. So far no one has come forth. Imagine that, eh?

And so, Texas Democrats are playing hardball with their GOP colleagues, who in my view are using legislative procedure to make it more difficult for Texans to cast their ballots.

Shameful.

State news

Solution needs a problem

By John Kanelis / johnkanelis_92@hotmail.com

It is troubling to me in the extreme that Texas legislative Republicans keep yapping about their efforts to make elections “more secure.”

I keep asking: More secure against what? Precisely?

They are pondering how to limit people’s access to voting. They want to reduce voters’ ability to vote because, according to GOP legislators, they want to guard against vote fraud.

Good grief, man! There is hardly anything of the sort occurring in Texas. Or anywhere, for that matter!

What we have here is a solution in search of a problem. Texas GOP legislators are concocting a pretext to stymie voters along the way. They profess to be fearful of vote fraud. Some of the loonier among them suggest the 2020 presidential election was fraught with fraud.

Lt. Gov. Dan Patrick, who runs the state Senate, offered to pay someone $1 million if they could produce any evidence of widespread voter fraud in Texas. To date, he hasn’t had to pay. Why? Because there isn’t any such fraud!

The Legislature is meeting in special session to enact a number of laws left undone during the regular session that concluded at the end of May. The so-called voter “reform” is little more than an effort to keep GOP politicians in power.

Legislative Republicans have sought to soften some of the harder edges on their overhaul plans. Yet they remain committed to certain provisions that appear to target minority communities and actually suppress voter turnout in upcoming elections.

Read the story here: Texas Republicans Have A New Voting Bill. Here’s What’s In It | 88.9 KETR

Texas legislative Democrats might try to bolt the state during the special session to prevent a quorum and, thus, stymie efforts to enact the legislation. I am one Texan who wants Democrats to do precisely that to end this blatant power grab.

Republicans who suggest they seek to end vote fraud are simply lying to those of us they serve.

State news

Irony in special session

(Cooper Neill/The Dallas Morning News) 

By John Kanelis / johnkanelis_92@hotmail.com

Surely I am not the only Texas observer who sees a certain irony in Gov. Greg Abbott summoning legislators back to Austin for a special session … given his veto of money to pay for legislative staffers’ salaries.

Think of this for just a moment.

Abbott became angry with Texas House Democrats because they walked off the House floor to prevent a voter suppression bill to become law during the regular legislative session. He vetoed legislators’ staff money to pay them back for failing to “do their job.”

Then he called them back from their home districts to do some more work. I don’t get it.

Abbott was prohibited from vetoing legislators’ salaries, as it is guaranteed by the Texas Constitution. Indeed, we don’t pay lawmakers very much money: $600 per month plus an expense stipend when they’re in session. Legislators will continue to get their measly amount despite the governor’s veto.

The House Appropriations Committee on Friday voted 21-0 to reinstate the money that Gov. Abbott vetoed.

As the Texas Tribune reported: The veto applies to the thousands of staffers who work directly for lawmakers and several state agencies. Those agencies include the Legislative Reference Library, which conducts research for the Legislature; the Legislative Budget Board, which develops policy and budget recommendations and provides fiscal analyses for legislation; the Legislative Council, which helps draft and analyze potential legislation; the State Auditor’s Office, which reviews the state’s finances; and the Sunset Advisory Commission, which reviews the efficiency of state agencies.

Texas lawmakers take first steps to restore Legislature’s funding after veto | The Texas Tribune

I just happen to believe the governor’s veto of this money and his quick action to summon everyone back to Austin drips with a certain irony that I cannot let go  unnoticed.

State news

Play hardball, Democrats

By John Kanelis / johnkanelis_92@hotmail.com

There are times when you have to go for broke if you intend to preserve what you believe are basic democratic tenets.

Texas legislative Democrats walked off the floor of the House of Representatives near the end of the Legislature’s regular session to prevent House Republicans from forcing a vote on restrictions to the state election laws.

Gov. Greg Abbott was so angry he decided to call a special legislative session that begins in a couple of days to enact those changes. The question now for Democrats is this: Do they hang tough or do they buckle? I urge them to maintain their unity in opposing these restrictions.

There needs to be a show of strength among those who say they cherish the right to grant all Americans the ability to vote. They say they favor greater, not lesser, voter participation. The 2020 presidential election produced a significant increase in voter turnout, which brought President Biden closer to carrying the state’s electoral votes than any time since the 1976 election, which Jimmy Carter carried the state en route to his presidential election victory.

GOP lawmakers want to limit early voting opportunities, they seek to ban people from delivering bottles of water to voters waiting in long lines to cast their ballots, and they want to make it easier for judges to overturn election results. And why? Because they have fallen for The Big Lie about “rampant vote fraud” where it doesn’t exist.

Texas Democrats have learned how to play the same game of hardball that Republicans have perfected over many years in Texas.

My advice to Democrats? Stay the course.