Fifth Circuit Rules Texas Voter ID Law Violates Voting Rights Act

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The Dallas Morning News reports that the U.S. Court of Appeals for the Fifth Circuit has ruled that Texas’ voter ID act violates section 2 of the Voting Rights Act.  The ruling, however, is narrow and neither a complete win nor loss for either side.  Red would support such a law if there was one iota of evidence that in-person voter fraud is a real problem.  Everyone who knows anything about elections in Texas knows the real hanky-panky occurs with the mail-in ballots and the current law does absolutely nothing  to prevent massive abuse in that regard.

The hard part of the ruling to swallow is the Fifth Circuit’s finding that the intent of the law was not to discriminate against minority voters.  Red understands that is tough fish to land, but come on . . . really?  Even in Texas, the GOP is scared because the angry old white men that are dying off are being replaced by young brown ones.  Gerrymandering will work for a while, but demographic destiny takes over at some point, and with the legacy that Patrick and Abbott are leaving, recruiting Hispanics and Blacks to the Grand Ol’ Party is going to be a tough sell. If they can cut minority voting by even a percent or two, then they might just hang on for a couple of more election cycles past their expiration date.

In an unanimous decision, a three-judge panel ruled that the controversial and Republican-backed measure violated Section 2 of the landmark civil rights law. The law has been part of a complicated legal battle for years.

But the victory was narrow win for opponents of the law. The judges also rejected a previous judge’s ruling that the law was passed with the intent to discriminate. The Fifth Circuit sent that portion of the lawsuit back to a U.S. district court.

The court wrote that, if the lower court finds in its review of the case that the voter ID Law only violates Section 2 of the Voting Rights Act, it should find a solution that can still reduce the risk of in-person voter fraud and satisfy the legislative intent of the voter ID law.

“Simply reverting to the system in place before SB 14’s passage would not fully respect these policy choices — it would allow voters to cast ballots after presenting less secure forms of identification like utility bills, bank statements, or paychecks,” the court wrote in a 49-page opinion.

Texas could appeal to the U.S. Supreme Court, or the state also could ask the full 5th Circuit to review the case. But now, a fight over what exactly the complicated ruling means is more imminent.

Cruz, JEB!!!!$$$$$?, Paul In – Perry Out

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Three of the four GOP presidential candidates with ties to Texas made the cut for Fox News first national debate on Thursday.  Sen. Ted Cruz (TP-Texas), JEB!!!!$$$$$?, and Sen. Rand Paul (TP – Curly Top) are in but former Governor Rick Perry is on the outside looking in.  Perry who, to his credit, has relentlessly attacked Donald Trump as a sideshow act, tried to make the best of his situation claiming that “One debate won’t make or break a candidate.”  Perry seems to have forgotten that one debate and one moment in one debate (“Oops”) broke his candidacy in 2012.  But in reality, Perry is getting more press out of missing the Fox debate than he likely could have generated from a scintillating performance – and how likely was that?

Today in Texas History – August 5

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From the Annals of Cross-Dressing –  In 1973, Vander Clyde, known to the world as Barbette, died in his home town of Round Rock.  Clyde was famous for his high-wire and trapeze act in which he dressed as a woman, performed incredible stunts and then removed his wig and flexed muscles at the end to show that he was actually a man.  Clyde was apparently enamored of the circus from his first visit to one in Austin.  He immediately began training to walk the tight rope on his mother’s closeline.  After graduating from high school at 14, he joined a circus act called the Alfaretta Sisters on the condition that he dress as a girl. After a few years of circus work, Barbette went solo and adopted the stage name Barbette. Although popular in the U.S., Barbette gained his greatest fame in Europe and particularly in Paris where he was championed by Jean Cocteau. He was forced to retire from performong after a bout of pneumonia left him unable to perform, but continued to work training circus acts for many years.

You Just Can’t Make this Stuff Up

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Sen. Ted Cruz (TP- Texas) apparently is feeling the need to jumpstart his campaign in first out of the box Iowa.  So what better way than to combine a popular pork product and assault weapons.  In a recently released video, Cruz is shown frying bacon by wrapping it around the barrel of a semi-automatic rifle.  The video was produced by IJ Review a conservative media outlet that also produced the classic “How To Destroy Your Cell Phone with Lindsey Graham.”  In the video, Cruz claims this is how we fry bacon in Texas.  After wrapping a strips of bacon around the barrel and covering them in foil, Cruz competently fires the weapon until the grease starts to drip onto the floor of the indoor rifle range.  Taking a small bite, Cruz remarks, “Mmm, machine-gun bacon.”

First, in Texas, we fry our bacon in a cast iron skillet until crispy.  Second, our mothers taught us to not make a greasy mess at an indoor rifle range.  Third, our fathers taught us to not defile our weapons by using them for unintended purposes. Fourth, we take gun safety seriously. Fifth, we enjoy the great outdoors and practice shooting there whenever possible.  Sixth, we don’t like stupid stunts that pander to the lowest common denominator. Seventh, Red is not going to dignify this nonsense by posting a link to the video.

If only he had used Canadian bacon.

Today in Texas History – August 4

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From the Annals of the Governor’s Office – In 1941 Lt. Gov. Coke Stevenson became Governor when W. Lee “Pappy” O’Daniel was installed as U.S. Senator following a special election.  Known as “Mr. Texas”, Stevenson was a no-nonsense conservative whose remarkable life story appealed to most Texans.  He had basically educated himself rising from mule team freight hauler, to bank custodian, to bank cashier, to lawyer.  Stevenson’s political career began with election as county attorney of Kimble County.  He later served as County Judge. Before being elected as Lt. Gov. he served several terms in the House and was selected as Speaker of the House.  Stevenson’s approach was so low-key that his critics accused him of doing nothing. He served two more full terms as governor stepping down in 1947 at which time he was the longest serving governor in Texas history.  Unfortunately, Stevenson is perhaps best known for his loss in the 1948 Senate race to Lyndon B. Johnson.  Stevenson is portrayed heroically in Robert Caro’s Means of Ascent.  Critics have complained that Caro’s portrait of Stevenson was influenced by his growing disgust with LBJ as his research progressed.  Nonetheless, Stevenson’s rise from poor country boy to Governor is a remarkable story in itself.

Photo from http://www.texashistory.unt.edu

Ken Paxton Indicted and Friendless?

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Attorney General Ken Paxton has been indicted on felony charges related to securities fraud.  Many commentators are wondering where are the GOP office holders and hordes of Tea Party loyalists coming to Paxton’s defense.  Noted Paxton supporters such as Sen. Ted Cruz (TP – Texas) and Lt. Gov. Dan Patrick are nowhere to be heard or seen in defense of Paxton.

Meanwhile, the Dallas Morning News speculates on what the indictment and possible conviction means for Paxton’s political future.

What is different for Paxton is that there is no case to be made that he is a victim of dirty politics, said Southern Methodist University political science professor Cal Jillson.

“Even when you are offering a political defense, you have to keep one foot on the base — you have to make claims that are rooted in some plausibility,” Jillson said.

Paxton’s case was heard in Collin County “which is a red, red, red belt of Texas conservatism,” Jillson said, and the evidence was obtained by the Texas Rangers. The charges stem from investment deals with business partners who are under investigation by state and federal authorities, he said.

Paxton, once a small-town lawyer, already has been shown in news reports to have become involved with land flips and about 30 businesses once he got into the Legislature, Jillson said.

“It’s complicated and delicate for an attorney general, more so than for a governor or a senator, because you are the top elected legal official in the state,” Jillson said. “As the top legal officer, to find yourself under felony indictment is beyond awkward.”

Paxton can remain in office while under indictment. If he were convicted of a felony, his law license would automatically be suspended and he would be unable to serve.

Gov. Greg Abbott would name a replacement, who would face confirmation by the Senate.

During the legal fight, it is likely Paxton will keep a low political profile but try to make as many professional appearances as possible to deflect attention from his legal problems and reinforce the idea that he is tending to state business, Miller said.

Attacking the process is unlikely to help him either legally or politically, he said.

“It’s all courtroom,” Miller said. “Game on.”

Today in Texas History – August 3

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From the Annals of the Feud – In 1898, the Colorado County Feud began.  The Feud was ignited by the County’ Sheriff’s race and involved a series of gun battles between members of the Townsend family of Columbus. The actual election was between incumbent sheriff Sam Reese and a former deputy Larkin Hope. Former state senator and power broker Mark Townsend dropped his backing of Reese and endorsed Hope. The move indicated victory for Hope since Townsend typically backed the winner.  It was not to be, as Hope was gunned down Columbus.  Hope’s backers suspected Jim Coleman, a close friend of Sam Reese’s sons, Walter and Herbert, was behind the killing. Townsend picked a new candidate, Will Burford, and, with feeling running high against the Reeses, Burford won the election. Less than a year later, on March 16, 1899, Sam Reese was killed in a gun battle on the street near where Hope died. Will Clements, Marion Hope, and Mark Townsend were among those shooting. Stray bullets killed Charles Boehme, a bystander, and wounded a boy named Johnny Williams. Even though the best evidence suggests that Reese had provoked the fight in which he was killed, his sons vowed to get revenge. In five more gunfights five more men were killed and several others wounded. The dead included Reese’s brother Dick, Burford’s son Arthur, Will Clements’s brother Hiram, and Jim Coleman. No one was ever convicted of any of the murders. Those accused included Mark Townsend, Jim Townsend, Step Yates, Will Clements, Walter Reese, Joe Lessing, Frank Burford, and Marion Hope.  Perhaps not so curiously, the Townsends, Reeses, Burfords, Clementses, Hopes, and Lessings were all related to each other.

Jade Helm 15 Update, Cont.

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Well Red was down in Old Mexico (as Red, Sr. used to call it) this week.  Flying in a  Bombadier (why on God’s green earth are US airlines flying French planes much less one with the word “Bomb” in it is beyond Red), Red was unable to discern any notable change in regions of South Texas (one of the last bastions of the Lone Star Democrats) from 30,000 feet.  So apparently not only are the jack-booted thugs of the Feds reasonably sneaky, they are good at camouflage (a word Red always thought sounded suspiciously French) as well.   And while in Mexico, Red failed to see any hordes of illegal (or soon to be illegal) immigrants rushing to the Rio Grande.  In fact, everyone looked pretty damn occupied going about their business – which of course only made Red more suspicious.  But the illegals (thinking back to Red, Sr. again, Red wonders exactly what he would now call them since other terms have disappeared from the common parlance) are probably getting some training from the aforementioned JBT’s who may be using them to divert our attention away from the bigger issues of Obama coming in to round up our women, children and most importantly guns under the guise of a “Training Exercise.”  Anyhow, Red will stay closer to home this weekend and keep his ear to the ground while reaching for the stars (thank you Casey Kasem).

Vigilantly yours,

Red

Wigglers in the Water

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Residents of a small Texas town woke up to discover that water coming out of their taps was contaminated by tiny red worms.  Red for one is totally grossed out.   The Houston Chronicle has more.

 No one seems to know how worms got in the tap water, but residents in Old River-Winfree, a town of about 1,400 people 25 miles east of Houston, are drinking from bottles this week.

On Monday evening, the first residents of the Woodlands Acres Subdivision showed up at city offices with containers full of water and small red worms they say came out of their faucets, sprinklers and shower heads. Three days and dozens of reports later, Mayor Joe Landry said, “people are not taking chances.”

Landry’s office has been using city money to buy bottled water to hand out to residents. When he spoke by phone with the Houston Chronicle, he had just returned from the nearby Dollar General to restock the water supply. City officials have handed out at least a thousand bottles, he said.

He also opened three men’s and three women’s shower facilities in the city office for any resident to use.

Landry said representatives of J&S Water, the town’s private water utility, have told him that the company had an electrical problem and its chlorinator stopped working. J&S did not respond to inquiries from the Chronicle.

“We’re hoping for an update as to where we need to go with the situation from here,” he said. “We’re hoping for directives. Right now we don’t have any answers.”

Texas Commission on Environmental Quality officials planned to visit the town to test water safety and try to identify a solution.

“We’ll be working with the city to identify where the breach occurred and how to fix the breach and flush the system,” agency spokeswoman Andrea Morrow said.

How the Mighty Have Fallen

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The Amway Coaches Poll has neither UT nor Texas A&M in its top 25 preseason poll.  The only Texas teams to be ranked are TCU at No. 2 and Baylor at No. 4.  Both of the formerly down-trodden programs are clearly holding onto the recent success.  More recent in the case of Baylor.  TCU has been performing on a fairly high level in the last decade.