The Texas Report 11/29

The Texas Report 11/29

What’s happening in Texas:

The 88th Texas Legislature is in its fourth special session, called by Governor Greg Abbott to pass a school choice (or voucher) program. At this point, the bill to create vouchers has again died in the Texas House after the language establishing the program was stripped out by twenty-one Republicans and a coalition of Democrats. This special session ends next week, and the legislature will unlikely deliver on the major Abbott priority.

The question in everyone’s mind is, will there be another special session, and if so, when? Rumors are speculating the Governor will call the fifth special right after the current one ends or maybe wait until January. Either way, any legislation establishing a voucher program faces a significant uphill battle unless voucher proponents break up the coalition of 21 Republican “no votes” and the Democratic caucus school choice won’t pass through the House. While the voucher argument is ongoing, teacher pay raises and public school finance bills are in limbo. Despite many legislators promising teacher salary increases, it’s almost 2024, and if it continues to be tied to vouchers, it’s hard to see a compromise happening.

Texas Supreme Court hears arguments from women suing over abortion laws

The Texas Supreme Court heard arguments Tuesday in a landmark case that could impact how state abortion laws apply to medically complicated pregnancies.

In August, state District Judge Jessica Mangrum ruled that near-total abortion cannot be enforced in cases involving complicated pregnancies. The state of Texas immediately appealed that ruling, putting it on hold.

The hearing on Tuesday, in front of the full panel of Supreme Court justices, was to determine whether to apply a temporary injunction to Mangrum's ruling.

Texas law allows abortions, but only when necessary to save the life of the pregnant patient. This lawsuit, filed by the Center for Reproductive Rights, claims doctors are unsure when the medical exception applies, leading to delayed or denied care.

Justice Jimmy Blacklock questioned Duane from the Center for Reproductive Rights on the "capaciousness" of the injunction, asking whether it would allow abortions as a result of "more" common pregnancy complications like high blood pressure. "It seems to me, looking at the case you presented and the injunction that was granted, that this very well could open the door far more widely than you're acknowledging," he said.

Duane said the injunction would only apply to emergent medical conditions that could become critical or life-threatening if not treated. But she acknowledged that Mangrum's ruling is "doing more work than normal" because "legislators don't usually write laws that people who are regulated by those laws simply do not understand."

This is the first case since Roe v. Wade was decided in 1973 that women affected by state abortion bans have directly challenged those laws in court. Twenty women and two doctors have signed onto the case. The majority of the women signed onto the case had wanted pregnancies that endangered their health or had limited change of viability outside the womb. Two of the women on the case developed sepsis while waiting for Texas hospitals to approve abortion procedures.

The state is also arguing that because these women are not currently seeking abortions, they may not have the legal right to bring this suit.

Justice Jeff Boyd seemed shocked at that argument.

"Your position is that to seek the kind of clarity that these plaintiffs are seeking, you have to have a woman who is pregnant, who has some health condition that she believes places her life at risk or impairment to a major bodily function, but her doctor says, 'I don't think it does,'" he said. "And she has to then sue the doctor, and maybe the attorney general, at that point, and then she would have standing and sovereign immunity would be waived?"

Assistant Attorney General Beth Klusmann argued that wasn't the only situation that would generate standing, but "you would at least then know that the law is the problem and not the doctor."

"Some of these women appear to have fallen within these exceptions, but their doctors still said no," she said. "That's not the fault of the law."

Justices didn't indicate when they expected to rule.

Politically, reproductive and abortion rights have been the backdrop for many of the recent elections across the country and are likely to play a significant factor in Texas in 2024.

More:

Other things to keep an eye on:

Governor Abbott jumps out of plane with 106-year-old World War II vet

In one of the more unexpected stories on Monday, Governor Greg Abbott skydived with 106-year-old World War II veteran Al Blaschke at Skydive Spaceland San Marcos to honor the service and sacrifice of U.S. military veterans. The Governor and Mr. Blaschke were flown in a de Havilland DHC-6-200-Twin Otter aircraft and jumped 8,500 feet. This was Governor Abbott's first skydiving jump.

"Texans and Americans owe so much to the brave men and women who serve our nation and protect the freedoms that we enjoy every day," said Governor Abbott. "I am proud to share my first skydiving jump with Al Blaschke to honor veterans like him who helped safeguard the freedoms and promise of our country for generations of Americans."

The Governor and Mr. Blaschke were joined for the jump by Texas National Guard soldiers, veteran advocate and Georgetown community leader Betty Schleder, and Skydive Spaceland professionals.

Mr. Blaschke of Georgetown, a World War II aircraft engineer, first made headlines skydiving for the first time on his 100th birthday in 2017. In 2020, Mr. Blaschke broke the Guinness World Record for the world's oldest tandem parachute jump alongside his twin grandsons and longtime friend, Ms. Schleder in 2020, and he again set the world record during today's jump with Governor Abbott.

Video of the impressive feat

Outlook on 2024 Texas Legislative Elections

The 2024 Texas elections will be some of the most important and likely expensive in recent years.

At the top line is the upcoming Republican primary. The Texas House is made up of a majority of Republicans (86/150) and is led by House Speaker Dade Phelan (R-Beaumont). This upcoming primary election will pit incumbent House Republicans against further right candidates, many aligned with Attorney General Ken Paxton and political action committees like Defend Texas Liberty.

Paxton is looking for revenge on the Texas House after they voted to impeach the Attorney General and his acquittal by the Texas Senate.

The Attorney General isn’t the only one getting heavily involved in legislative races. Governor Abbott has made it clear he will be supporting pro-school choice (voucher) candidates against its Republican opponents.

Why this matters:

• Texas has been unilaterally run by Republicans since 1999, and while infighting has occurred in the Republican Party, many Capitol insiders say it has never gotten this tense.

• Republicans control every part of the legislative and executive branches, and this election season will be putting different wings of the party against one another. Whoever wins will have significant control in shaping Texas’s public policy. There are the more traditional pro-business conservatives vs. conservative populist candidates, and their policy agendas are very different.

• Spending millions in the Republican primary will make it more difficult for Republicans to pick up more seats from Democrats or hold them off in competitive districts.

Our first example of the split between the Texas Republican Party in 2024 is in full swing now in the race to replace Representative Bryan Slaton, who resigned following sexual misconduct with his younger staffer (19), whom he provided alcohol. We are in a runoff election set to take place on X.

The two candidates are Jill Dutton and Brent Money. Money had 31.7% to Dutton’s 25.3% in the special general election. Money is backed by Slaton’s close allies, like Defend Texas Liberty, who were caught on video meeting with known neo-Nazi Nick Fuentes earlier this Fall. Dutton is supported by traditional pro-business and conservative groups like Texans for Lawsuit Reform and the Associated Republicans of Texans.

Both candidates are very conservative and are a prelude to the upcoming battles to be waged across the state in the March Primary.

The players:

• Attorney General Paxton, Defend Texas Liberty (DTL), and the State GOP. DTL is a subset of other organizations that have long made it their mission to beat Republicans they don’t deem conservative enough. Paxton is going after those who voted to impeach him, and supporting some who didn’t even if their politics don’t align whatsoever.

• Governor Abbott is one of the most vital fundraisers in the entire country, with a very complex political organization. Vouchers and universal school choice are major priorities that have yet to be accomplished, and Abbott has begun endorsing primary candidates against Republican opponents of school choice.

• Speaker Phelan, Texans for Lawsuit Reform, Pro-Business Associations, and the Associated Republicans of Texas. Traditional Republican funders, who are focused on keeping as many of the current incumbents in place as possible and beating DTL backed candidates.

There’s going to be millions spent this primary cycle, and with legislative retirements continuing to increase the 89th Legislature is likely to look much different.

At this point, there are likely to be two openings in the Texas Senate. One Senator is retiring, and the longest-serving Senator, Democrat John Whitmire, is the favorite to be the next Mayor of Houston.

Eleven Representatives have announced retirement, with another four choosing to seek other office. Many of these legislators are leaders in their respective chambers, like Representative Craig Goldman (R-Arlington), Chair of Energy Resources, and the House Republican Caucus Chair.

We will keep our readers updated as primary season begins to ramp up, with detailed coverage on our state leaders.

In the backdrop is Senator Ted Cruz’s reelection against likely Democratic nominee and Dallas Congressman Collin Allred. However, the thing to follow right now is the internal battle amongst Republicans.

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