Sri Srinivasan Going to D.C. Appeals Court, Perhaps U.S. Supreme Court

by: Edward Garris

Fri May 24, 2013 at 10:00 AM CDT

Score one for the Obama administration and a minor triumph of merit over cheap political gamesmanship.  The Washington Post is reporting that Sri Srinivasan, President Obama's nominee to the U.S. Court of Appeals for the District of Columbia - the most important appellate court in the land, save for the U.S. Supreme Court - has been confirmed to the bench by a 97-0 vote in the U.S. Senate.  This followed closely on the heels of the Senate Judiciary Committee recommending Srinivasan for confirmation with an 18-0 vote.  

To see how it happened and what's left, read below the jump.

Dallas DA Craig Watkins Backs Marriage Equality

by: Edward Garris

Thu May 23, 2013 at 10:00 PM CDT

According to the article, Watkins supports a domestic partner registry. In an interview with the Voice, Watkins made this argument for equality:

"This is America, and we shouldn't discriminate against anyone for whatever reason, and so I think it's a disservice for us as Americans to say that just because you are a certain lifestyle, that you can't have the same rights as someone else," Watkins told the Voice. "I think it goes towards, you know, when we were going through the civil rights movement, issues that we dealt with back then, which, basically, I can understand very clearly because of who I am. ..."

"It goes back to quality of life issues, and as a DA, I'm responsible for improving the quality of the lives of all of the citizens I represent," Watkins said. "I'm the lawyer for everybody in Dallas County, and so I can't be against something that will make your life better. So I'm for whatever we need to do in Dallas County to make the quality of life better, and in my opinion to have that - marriage equality and the registry - it makes lives better for citizens of Dallas County."

While gay marriage is as yet not recognized in Texas, currently, several jurisdictions in Texas recognize domestic partnership benefits.  They include Austin, San Antonio, El Paso, Dallas, and Fort Worth, as well as El Paso County, Travis County, and the Pflugerville ISD.  The issue was brought to the fore nearly a month ago when Texas Attorney General Greg Abbott issued a non-binding, advisory opinion that political subdivisions in Texas could not recognize domestic partnerships and notably, Austin City Manager Marc Ott volleyed with a perfunctory: "[W]e do not intend to change domestic partner eligibility for our benefits program at this time."

Oklahoma Has Class Act in Former Longhorn Kevin Durant

by: Edward Garris

Tue May 21, 2013 at 04:00 PM CDT

In the midst of yesterday's unspeakable tragedy, Kevin Durant stands out as a class act.  The devastating tornado that swept a path through and around Oklahoma Cityis reported to have left 24 people dead, and 237 injured, with many of the dead children at an elementary school that sat directly in the path of the tornado.  

The fallout has been predictable in some ways; in other ways, not.  As a solid backgrounder in The Atlantic makes clear, the tornado itself is not a surprise to studied observers, many Oklahomans, or others who live in Tornado Alley, notwithstanding the magnitude, horror, and personal loss coming out of the destruction.  

President Obama signed a disaster declaration pledging federal aid to assist with local efforts in getting Oklahoma back on its feet.  

Senators James Inhofe and Tom Coburn found themselves on the defensive, having opposed disaster relief in the past - specifically with Hurricane Sandy - and with Coburn's office today stating that any federal disaster relief to Oklahoma must be offset by cuts elsewhere in the federal budget.

Surprisingly, however, CBS News is reporting that across the Red River, the former Longhorn standout and current star for the Oklahoma City Thunder today gave $1 million to the American Red Cross for disaster relief in and around Oklahoma City.  Although, as CBS News noted, to anyone who's ever covered Durant, this was no surprise either.  

Vacant: Texas Federal Judiciary; Cornyn Says They're Trying

by: Edward Garris

Sat May 11, 2013 at 02:00 PM CDT

Our long national nightmare of an empty federal judiciary is finally over.

Gotcha.  Texas still has seven vacancies in federal judgeships in the state.  Two of those slots have been empty for 1,046 days and 1,745 days, respectively.  To put that into perspective, the United States was in World War II for just over 1,300 days.

In March, Republican obstruction forced President Obama to withdraw one of his nominationsfor federal judge in D.C.  In April, his nomination of the eminently qualified Sri Srinivasan to the same court in D.C. went nowhere.

In late April, Senators Cornyn and Cruz of Texas established a 35-person committee to review candidates interested in seeking federal appointments in Texas, including appointments to the federal judiciary. Never mind that there are already committees set up for this purpose, making an already tortuous process even more so.

Texas nominations aren't making national headlines like the two recent nominations to the federal appeals court in D.C. for this one very simple reason: there aren't any.

And John Cornyn would have you believe that President Obama is the cause behind that lack of appointments. The Huffington Post reported Thursday that, in a Senate Judiciary Committee hearing, Sen. Cornyn attempted to make the case for more immigration judges in Texas.  

To see how he fared, read below the jump.

The Way of the Gun: Cruz Talks to NRA; Lege Ignores Supremacy Clause

by: Edward Garris

Mon May 06, 2013 at 02:00 PM CDT

For a group allegedly committed to originalism, first principles, and tri-cornered hats, the Tea Party and its acolytes aren't even going two for three.  Haberdashers, however, you are in luck.

In the shadow of a tragic shooting in Terminal B of Houston's George Bush Intercontinental Airport, the National Rifle Association held its annual convention in Houston. According to the Texas Tribune, the NRA convention saw Sen. Ted Cruz challenge Vice President Joe Biden to a debate on gun control and crime, and Gov. Rick Perry lobby for guns because "we believe in the God-given right for people to have peace of mind to defend themselves and their family."  Because on the eighth day, God created firearms. Originalism, indeed.

To see how all this misfired this weekend, go below the jump.

Marc Ott: City of Austin Upholds Domestic Partner Benefits

by: Edward Garris

Tue Apr 30, 2013 at 04:40 PM CDT

The fallout from yesterday's opinion on domestic partner benefits by Texas Attorney General Greg Abbott continues.  Equality Texas this morning issued a press release arguing that the opinion letter had, in fact, given a domestic partners and their public employers a way forward - a roadmap for how to achieve their aims while complying with the laws of the state of Texas.  

This afternoon, Marc Ott, City Manager for the City of Austin, responded with a resounding "whatever."  In an open memorandum, Ott stated:

"While we will continue the evaluate the Attorney General's opinion, it continues to be our belief that the City's domestic partner group benefits program is not prohibited by the Texas Marriage Amendment, and that the Texas Legislature did not intend the Amendment to have that effect when it was placed before the voters in 2005."

"The Attorney General's opinion does not require the City to take any specific, action, and we do not intend to change domestic partner eligibility for our benefits program at this time."

Notably, the City of Austin and its domestic partner eligibility program had been one of the specifically enumerated programs in State Sen. Dan Patrick's request for an opinion to the Attorney General.  The full text of Marc Ott's response can be read here.

Way Forward: Equality Texas Sees Beyond Texas AG Greg Abbott's Opinions

by: Edward Garris

Tue Apr 30, 2013 at 02:30 PM CDT

In the wake of yesterday's watershed opinion on domestic partnerships by Texas Attorney General Greg Abbott, Equality Texas has taken an intensely practical, glass half-full approach. Equality Texas Executive Director Chuck Smith today released an analysis of what the Attorney General's nonbinding opinion letter means, and what persons in domestic partnerships and their public employers can do.  That analysis is below.

Texas Attorney General Greg Abbott Denies Benefits for Same Sex Couples in Austin

by: Edward Garris

Mon Apr 29, 2013 at 04:54 PM CDT

April can be the cruelest month.  In a defeat for civil rights and home rule in Texas, Texas Attorney Greg Abbott scaled back rights for same-sex couples in cities such as Austin, Pflugerville, El Paso, Fort Worth, and others.

In November, State Senator Dan Patrick sent a request  for an official opinion to Texas Attorney General Greg Abbott, asking this question:

"Does Art. 1, §32 of the Texas Constitution that defines marriage as one man and one woman and prohibits government recognition of any legal status identical or similar to marriage preclude political subdivisions of Texas from providing so-called domestic partnership benefits to their employees?"

Today, in a six-page opinion , Greg Abbott struck down advances in civil liberties for same sex couples in Texas, and answered Patrick's letter stating that it does.

Patrick had been upset that insurance benefits were offered to members of same-sex couples in Travis County, the City of Austin, Pflugerville ISD, El Paso, Fort Worth, the City of San Antonio, and El Paso County.  

Abbott's letter first argues that Section 32 - the section in question - applies to Texas cities, counties, and school districts (no word yet on municipal utility districts or MUDs).  It then asks whether these political subdivisions have created or recognized a legal status, and, if so, whether that legal status is identical or similar to marriage.

Abbott's letter answers  "yes" to both questions, at the end stating that Section 32 "prohibits political subdivisions from creating a legal status of domestic partnership and recognizing that status by offering public benefits based upon it," but not before cautioning that the U.S. Supreme Court's upcoming rulings on DOMA and Prop 8 might make this very letter unenforceable.  

Ted Cruz and Tea Party Wag Republican Dog

by: Edward Garris

Mon Apr 29, 2013 at 03:30 PM CDT

Talk about a Faustian bargain.  

Not long ago, Republicans heralded the Tea Party movement that was born out of the February 2009 rant of CNBC's Rick Santelli on the floor of the Chicago Mercantile Exchange, and which quickly aligned itself with the Republican party.  The movement helped Republicans score big wins in the November 2010 mid-term elections and seemed to set them up for bigger and more victories.

To see what happened, read below.

Judge Grants Citation Application; Rosemary Lehmberg Wins and Loses

by: Edward Garris

Tue Apr 23, 2013 at 05:30 PM CDT

Rosemary Lehmberg's troubles continue. Or maybe not. In a case whose importance cannot be gainsaid, Judge Lora Livingston yesterday granted the application for issuance of citation in the petition to remove the beleaguered Travis County District Attorney from office.  

The course of this case is far from clear, however.

To see why, read below the jump.