A Texas judge has granted temporary reprieve to Democratic lawmakers who fled the state in an attempt to block Republicans’ tranche of restrictive voting legislation.
For anyone wondering, Texas has a three-tier system for obtaining injunctive relief in civil cases. Step 1 is to request a temporary restraining order, which is what just happened in this case. The TRO lasts for two weeks, and can be extended for another two weeks beyond that. The TRO is not appealable, and can only be brought up for review on mandamus if the defendant is a Republican and so is the appellate court.
Step 2 is a temporary injunction, which can be appealed. If granted, it lasts through the trial of the case. Step 3 is a permanent injunction, which has to go through a full trial.
“Angry Republican threats to dispatch troopers to arrest, cuff, shackle, drag in, and cabin duly-elected lawmakers isn’t just meant to chill our speech and impair our ability to represent our districts; it has left our families, friends, and neighbors anxious for our wellbeing and safety,” said Texas Rep. Gina Hinojosa (D) in a statement.
Local governments are also starting to get into open rebellion territory against Abbott’s orders prohibiting masking requirements. The Dallas and Houston school districts have both made masking mandatory when the school year starts, and I expect more are going to follow suit.
Scientist: Governor, we’ve determined that rats carry the plague from house to house. Therefore, we are undertaking a broad program to exterminate rats, and to keep them out of houses.
Abbott: Sorry, but we’re passing a law to make it unlawful to not have at least three rats in the childrens’ bedroom.
Scientist: Sir, that’s crazy. It will ensure that our kids get the plague. I think the town members should have the chance to vote on whether they want that.
Abbott: No voting. No one votes on anything except me and my friends, and maybe the rats.
The bottom line is the Courts are not going to save Texas or America from Republican voter suppression or for that matter voter nullification. In fact it is more likely than helping, the Courts as currently constituted will be, in fact are, part of the problem.
At a minimum the Senate will need to pass federal minimum standards. I actually doubt this will be enough as currently Republicans as opposed to Americans control both Texas and Federal Courts and will find any action by the Federal Government to set minimum voting standards for the States unconstitutional. Therefore, I believe that to save Democracy, Congress will need use its power to unfix the Federal Courts which will in turn allow voters to fix the state courts.
The old Suspense radio program had a really hair-raising rendition of the story “Three Skeleton Key”.
The narrator wakes up at one point to see hordes of rats on the outside of the lighthouse windows, and Le Gleo, driven insane by the situation, tapping on the glass and saying “I hold the power of life and death; all I have to do is tap a little bit harder…” before he gets tackled.