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Texas Tag

Yet another exciting day for SCOTUS watchers. Thursday morning, the Court released its opinion in Fisher v. University of Texas at Austin, holding in a 4-3 decision (Justice Elena Kagan did not participate) that the use of race in admissions at the Texas university was constitutional. Opinion, written by Justice Anthony Kennedy, is here. Chief Justice John Roberts, Justice Clarence Thomas, and Justice Samuel Alito dissented. On first glance, it's clear that Texas' "Ten Percent Plan," where the top 10% of the class from every Texas high school gains automatic admission was a big factor, as a race-neutral alternative that still increased diversity.

Barely a month ago, I blogged about a nasty November surprise lurking in the electoral shadows -- monstrous Obamacare premium rate hikes. Huge losses and a supposedly high number of unexpected claims are being blamed for looming rate hikes in the Lone Star State. The average rate hike for Texan consumers? 35%. Blue Cross Blue Shield of Texas requested a 58% rate hike for some 603,000 consumers and, "18% increase for 353,000 members who buy plans via the small group market that caters to businesses with fewer than 50 employees," according to Investors.com.

Heaven forbid one of these special snow flakes feels excluded for not working as hard as some of their classmates. Plano Senior High School, located north of Dallas, has decided National Honor Society students will not be able to wear the iconic white satin stoles to their upcoming graduation. Local news reported:
National Honor Society (NHS) stoles are frequent sight at high school graduation ceremonies around the country, but one Plano Senior High School student is frustrated that he won't be allowed to wear one when he puts on his cap and gown next month. According to school practices, students are not allowed to wear NHS regalia.

Presumptive Republican presidential nominee, Donald Trump, released a short-list of potential SCOTUS nominees Wednesday. Senate Republicans have thus far, made good on their promise to block President Obama's nomination of Judge Merrick Garland. Should that hold, the task of replacing the late Justice Scalia will fall to the next Oval Office occupant. According to ABC News, Trump's SCOTUS list includes:

When the Texas Legislature passed a campus carry bill during the 2015 legislative session, part of the law allowed the state's universities to create rules designating certain areas of campus to remain gun-free, as long as those rules were not thwarting the law's goals and making it impossible to carry a gun on campus. Texas A&M University (TAMU)  announced its proposed rules for carrying guns on the campuses within the TAMU system on Wednesday, providing very few restrictions other than honoring existing private contracts and specifically identified safety issues. The sharp contrast with how the issue has been handled at TAMU and at the University of Texas at Austin illustrates many of the divisions in the gun control debate.

What Texas' campus carry law actually does

The Supreme Court of the United States has resumed hearing oral arguments since the death of conservative stalwart Justice Antonin Scalia. His seat remains empty, leaving the Court's already-tenuous balance even shakier as they address one of the most important abortion cases during recent years. Wednesday, the Court heard oral arguments in Whole Woman's Health v. Hellerstedt, the case challenging HB 2, the Texas abortion law made famous when then-State Senator Wendy Davis filibustered it in 2013 in pink sneakers. Davis' filibuster was a short-lived victory, as the law was passed days later in a special session, and her sneakers ended up at a garage sale. (Full transcript of the oral arguments posted here.) Wendy Davis rising victory sign via Facebook Page

Despite numerous efforts to fight the Texas's campus carry law, including a bizarre protest involving dildos, the law stands, and students are free to carry licensed firearms on campus beginning on August 1st of this year. A University of Texas (UT) Architecture dean has declared that the new law is the reason for his decision to leave UT. The Texas Tribune reports:
The University of Texas at Austin's longtime architecture dean announced on Thursday he is leaving, saying the state's new campus carry law played a major role in pushing him out. . . . . The departure is a blow for UT-Austin. Its architecture school has consistently ranked among the best in the nation under Steiner. This year, Architectural Record ranked its undergraduate program seventh.

Have you noticed that when liberals win it's the "law of the land" and when liberals lose it's an injustice which needs to be corrected? A new Texas law allows college students to carry guns on campus but opponents aren't happy. FOX News reports:
Showdown looms in Texas over university's reading of campus carry law Texas' new law allowing college students to carry guns on public campuses doesn't take effect until August, but it's already triggered a showdown. University of Texas-Austin President Gregory Fenves declared this week that he'll comply with the law, but claimed a loophole allows him to ban firearms in dormitories.

Privacy advocates are not going to like this one. Vigilant Solutions, a vehicle surveillance broker has offered access to its, "massive automated license plate reader databases," to Texas law enforcement agencies. The catch? Vigilant receives access to outstanding court fees and receives 25% of any delinquent fines. Wired has the story:
Vehicle surveillance broker Vigilant Solutions has offered Texas law enforcement agencies “free” access to its massive automated license plate reader databases and analytical tools— but only if the police give Vigilant access to all of their data on outstanding court fees and hand the company a 25 percent surcharge from money collected from drivers with outstanding court fines. Vigilant also gets to keep a copy of any license-plate data collected by the police, even after the contract ends, and can retain it indefinitely.

Now that Texas governor Greg Abbott has been in office for a while, it's easy to see why he beat Wendy Davis so handily. Abbott is pushing back against what he, and many others, see as an overreaching federal government. The Dallas Morning News reports:
Texas Gov. Greg Abbott calls for Convention of States to take back states’ rights Gov. Greg Abbott, aiming to spark a national conversation about states’ rights, said Friday that he wants Texas to lead the call for a convention to amend the U.S. Constitution and wrest power from a federal government “run amok.”

Thursday night, news broke that federal authorities arrested two Iraqi immigrants. One in Sacramento, California, the other in Houston, Texas. Both individuals were arrested for allegedly lying to immigration officials about their connections with terrorist organizations. Early reports Thursday night provided conflicting information and left many questions unanswered. According to Houston local news, the Sacramento and Houston arrests were related. But CNN reported the arrests, "did not appear to to be directly related, but the cases had several similarities."

Earlier this week, Texas Attorney General Ken Paxton filed a complaint seeking to block resettlement of six Syrian refugees. Sarah Rumpf reported:
The lawsuit names as defendants various federal entities such as the Department of State, Secretary of State John Kerry, the Department of Health and Human Services (HHS), and HHS Secretary Sylvia Burwell, as well as International Rescue Committee, Inc., a nonprofit organization involved in refugee resettlement. According to the the complaint, the Refugee Act of 1980 (8 U.S.C. § 1522) “establishes a framework for collaboration and cooperation” between the federal government, state and local governments, and volunteer nonprofit organizations, and also requires that the federal government and these private groups “shall consult regularly” and work “in close cooperation and advance consultation” with the states about “the sponsorship process and the intended distribution of refugees among the States and localities before their placement in those States and localities.” The Texas HHSC was told during a phone call with International Rescue Committee that the group intended to resettle two families of Syrian refugees — a total of six people — in Dallas, Texas this week, possibly as early as Thursday, December 3. However, as the complaint alleges, neither this nonprofit group nor the federal government have met their obligations under the Refugee Act of 1980 to consult with Texas about these refugees. Therefore, Texas is demanding that the court order the federal government and International Rescue Committee to comply with the law by consulting with Texas and providing the requested information, and to block the resettlement of these Syrian refugees until that occurs.
Friday, Paxton withdrew the complaint:

On Wednesday afternoon, Texas Attorney General Ken Paxton, on behalf of the Texas Health and Human Services Commission (Texas HHSC), filed a complaint in the U.S. District Court for the Northern District of Texas seeking to block the resettlement of six Syrian refugees in Texas. The lawsuit names as defendants various federal entities such as the Department of State, Secretary of State John Kerry, the Department of Health and Human Services (HHS), and HHS Secretary Sylvia Burwell, as well as International Rescue Committee, Inc., a nonprofit organization involved in refugee resettlement. According to the the complaint, the Refugee Act of 1980 (8 U.S.C. § 1522) "establishes a framework for collaboration and cooperation" between the federal government, state and local governments, and volunteer nonprofit organizations, and also requires that the federal government and these private groups "shall consult regularly" and work "in close cooperation and advance consultation" with the states about "the sponsorship process and the intended distribution of refugees among the States and localities before their placement in those States and localities.”

The Supreme Court agreed to consider the constitutionality of a 2013 Texas law (HB 2) that resulted in the closure of half the state's abortion clinics, according to SCOTUS blog. The earliest Whole Women's Health vs. Cole would be heard is February. The issue:
Whether, when applying the “undue burden” standard of Planned Parenthood v. Casey, a court errs by refusing to consider whether and to what extent laws that restrict abortion for the stated purpose of promoting health actually serve the government’s interest in promoting health; and (2) whether the Fifth Circuit erred in concluding that this standard permits Texas to enforce, in nearly all circumstances, laws that would cause a significant reduction in the availability of abortion services while failing to advance the State’s interest in promoting health - or any other valid interest.
According to the pro-life advocacy group, Texas Right to Life, "until SCOTUS completes a review of the constitutionality of HB 2, the law’s safety standards are delayed from taking effect in Texas."

The city of Houston is no longer threatening to seize two decades-old fifth ward churches via eminent domain. From our August report:
Two churches nestled in what used to be one of Houston’s roughest neighborhoods are fighting back against the city. The Latter Day Deliverance Revival Center was established in the fifth ward in 1965 by Bishop Roy Lee Kossie. A few years later, Pastor Quinton Smith began pastoring at the Christian Fellowship Missionary Baptist Church, also in the fifth ward. Both churches have grown and have had a positive impact on their community in each year since their establishment. Building a youth ministry center, a church-run food bank, and creating outreach programs for gang members, drug addicts, and alcoholics, the churches continue their work to transform the fifth ward. “When we moved in to this area, it was considered the highest crime rate area in the city of Houston. People shot first and asked questions later. But we loved these people. We loved this community. We knew this was exactly where we needed to be,” said Kossie. The fifth ward is located just outside of downtown. Property values in the area have skyrocketed and continue to climb. The City of Houston offered to purchase the churches. When the churches refused, the city came back with threats of using eminent domain to acquire the property as part of an urban development plan.
That "urban development plan" called for using the land to build a library and 63 units of public housing.