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Justice

Report: Texas Supreme Court Sides Against Consumers In 4 Out of 5 Cases

Last August, ThinkProgress highlighted a Texas Watch report showing that the Texas Supreme Court “sided with consumers in 27 percent of cases involving an individual against a corporation or government agency — and it reversed jury verdicts in 72 percent of cases.” A new report by that same organization shows that the court’s favoritism towards corporations is now even worse:

Over the course of the decade, we have reviewed 624 consumer cases, carefully categorizing and compiling win-loss rates, with the scope of these consumer cases encompassing instances where individuals, patients, policyholders, and small business owners were pitted against corporate or governmental entities. . . . On average, defendants have won an overwhelming 74% of their cases and plaintiffs have won just 22% of the time over the last decade. Furthermore, since 2005, consumers have lost an astonishing 79% of their cases before the Texas Supreme Court.

The report also notes that a major factor driving this trend is Gov. Rick Perry (R), whose appointees to the court consistently sided with corporations over people. Indeed, the “win rate” for corporate and other defendants skyrocketed shortly after Perry took over as governor:

Justice

Breaking: Supreme Court Strikes Down Court-Drawn Texas Redistricting Maps

As ThinkProgress previously explained, the state of Texas currently does not have any legally valid congressional maps. Because it gained four new congressional seats, it could not use its existing maps even if the Constitution would permit it to do so. The map drawn by the state legislature has not been “pre-cleared” as is required under the Voting Rights Act because of concerns that it discriminates on the basis of race, and an interim map drawn by federal judges in Texas was blocked by the Supreme Court late last year pending a more complete review of that interim map by the justices.

Many voting rights advocates feared that the conservative Supreme Court would use this case to make sweeping changes to the laws protecting voters, either by eliminating the judiciary’s authority to draw interim maps such as the ones at issue here or potentially even by striking down key parts of the Voting Rights Act. Fortunately, those fears proved unfounded this time around. The crux of their holding is that the lower court erred in drawing these particular maps because they did not treat the state legislature’s preferred maps as a baseline and depart from that baseline only when necessary to rescue the map from illegality:

In [the challenger's] view, this Court’s precedents require district courts to ignore any state plan that has not received §5 preclearance. But the cases upon which appellees rely hold only that a district court may not adopt an unprecleared plan as its own. They say nothing about whether a district court may take guidance from the lawful policies incorporated insuch a plan for aid in drawing an interim map. Indeed, in Upham this Court ordered a District Court to defer to the unobjectionable aspects of a State’s plan even though that plan had already been denied preclearance.

In this case, the District Court stated that it had “giv[en] effect to as much of the policy judgments in the Legislature’s enacted map as possible.” At the same time, however, the court said that it was required to draw an “independent map” following “neutral principles that advance the interest of the collective public good.” In the court’s view, it “was not required to give any deference to the Legislature’s enacted plan,” and it instead applied principles that it determined “place the interests of the citizens of Texas first.” To the extent the District Court exceeded its mission to draw interim maps that do not violate the Constitution or the Voting Rights Act, and substituted its own concept of “the collective public good” for the Texas Legislature’s determination of which policies serve “the interests of the citizens of Texas,” the court erred.

The partisan upshot of this decision is that it is probably good news for Republicans. In an earlier case called Vieth v. Jubelirer, the Supreme Court largely abdicated oversight over politically motivated gerrymanders, thus enabling political parties to be as aggressive as they want in drawing maps that achieve their partisan goals. Because the Texas legislature is overwhelming dominated by Republicans, today’s decision requiring the lower court to use their map as the baseline in drawing an interim map will increase the likelihood that partisan gerrymandering intended to favor the GOP will remain present in the interim map the lower court eventually produces.

NEWS FLASH

Supreme Court To Hear Texas Redistricting Case Today | Texas currently finds itself in the unusual position of having no valid congressional maps. Because it gained four new congressional seats, it could not use its existing maps even if the Constitution would permit it to do so. The map drawn by the state legislature has not been “pre-cleared” as is required under the Voting Rights Act because of concerns that it discriminates on the basis of race, and an interim map drawn by federal judges in Texas was blocked by the Supreme Court. This afternoon, the justices will hear oral arguments in a case intended to sort this mess out — and which presents at least some degree of risk that the conservative Court could strike down an essential part of the Voting Rights Act.

Health

CVS Refuses To Sell Texas Man Emergency Contraception For His Wife, Suggests He’s A Rapist

A Texas man has enlisted the ACLU to help him sue CVS for gender discrimination after a pharmacist refused to sell him emergency contraception.

Jason Melbourne had already visited four pharmacies in search of Plan B for his wife when he was referred to a CVS in Mesquite, Texas, some 15 miles away from his home. They had one box left:

But when he finally got there, the overnight pharmacist, Minni Matthew, told Melbourne she wasn’t going to sell it to him.

In order for him to buy the meds, the pharmacist said, she’d need to talk to and see the ID of his wife, who was at home with their two young children. He asked why, and she pointed to the fine print on the medication’s box, which says it can only be sold to someone age 17 or older. Melbourne pointed out that he was well over 17.

“I’ve bought this plenty of times in my life, and it’s never been a problem,” he said. “Are you telling me every other place I’ve bought it from has been wrong?”

Didn’t matter, Matthew said, since the medicine obviously wasn’t for him.

Why don’t you show me the law that says you can’t sell this to a man?” Melbourne replied.

The situation got worse from there. Melbourne put his wife on the phone and even Googled the medication to show the pharmacist there was no law against selling it to a man. But “she didn’t want to see it,” he said.

That’s when a male pharmacy technician informed Melbourne that they didn’t want to sell emergency contraception to men because they might be giving it to “rape victims.”

Jezebel notes that Melbourne’s ordeal happened around the same time that a Houston CVS store refused to sell another man Plan B. CVS apologized for that last month, calling it an “isolated incident.” It wasn’t.

In fact, in 2010 ACLU received reports that Walgreens stores in Texas, Mississippi and Oklahoma were refusing to sell emergency contraception to men. Walgreens relented when the ACLU confronted them publicly.

In an email about the Houston incident, CVS spokesman Mike DeAngelis insisted they’d briefed all their stores on official company policy, which is “to follow FDA regulations for the sale of emergency contraception, which allows this product to be sold without a prescription to customers who are at least 17 years old, regardless of gender.”

But they obviously need to do a better job educating their stores, because the manager of the Mesquite CVS insisted they’re not supposed to sell Plan B to men because they can’t verify that the woman who takes it will be over 17.

Lisa Graybill, the legal director of the Texas ACLU, says refusing to sell Plan B to men based on this baseless “sensational story” is “misguided.” “I’m not aware of a single case of a man reportedly buying it to push on his underage pedophile victim,” she says.

I’m outraged,” Melbourne says of the situation. “I chased this thing all over town, then I get accused of using this for rape, even after they’ve talked to my wife on the phone. It makes me feel like a piece of crap.”

Justice

TX-SEN Candidate David Dewhurst Claims It Is ‘Unconstitutional’ For DOJ To Enforce The Voting Rights Act

Two weeks ago, the Justice Department refused to “preclear” South Carolina’s new voter ID law, ruling that it would discriminate against minorities and therefore violated the Voting Rights Act.

Texas, another state covered under the Voting Rights Act, could soon meet the same fate if it is unable to provide sufficient evidence that its law does not also discriminate against minorities. The Justice Department is currently reviewing Texas’ move and has requested the state for more information about the law’s effect on minorities. Once that information is received, the DOJ will rule within 60 days.

ThinkProgress spoke with Texas Lt. Gov. David Dewhurst (R), a key proponent of the new law, about the upcoming ruling earlier this week. Dewhurst, who is running for his state’s open Senate seat this year, warned that if the Justice Department rules that Texas’ voter ID law violates the Voting Rights Act, such a move would be “unconstitutional.”

KEYES: Do you worry that that same fate (regarding the Justice Department ruling against South Carolina’s voter ID law) is going to happen to Texas as well?

DEWHURST: In Texas we passed what I believe to be a very good and constitutional bill that requires some photo identification to vote. That is a simple procedure for protecting the integrity of our voting system. It’s a principle in America: one person, one vote. For the Justice Department to interfere with that process would be wrong and I believe unconstitutional.

KEYES: You think it’d be unconstitutional if they ruled against the voter ID law in Texas?

DEWHURST: If the Justice Department were to come down on our Texas law, they would be wrong under the Constitution because I believe we’ve had our law looked at over and over again and I feel comfortable it is constitutional.

Listen to it:

Dewhurst’s view that enforcing the Voting Rights Act would be unconstitutional is unfortunately becoming more commonplace among modern conservative cognoscenti. Former senator and current Mitt Romney advisor Norm Coleman told ThinkProgress last year that we should “absolutely” consider gutting the Voting Rights Act, and Virginia Attorney General Ken Cuccinelli argued that his state should be exempted because it has “outgrown” racism. Earlier this year, Arizona filed a lawsuit claiming that the Voting Rights Act is unconstitutional, and there is a very real risk that the Supreme Court’s conservatives will agree with them. If this view should prevail, a pillar of the civil rights movement that has successfully protected the rights of minorities for nearly 50 years could become a relic of history.

NEWS FLASH

Officials Investigate Wrongful Deportation Of Texas Teen Sent To Colombia | U.S. immigration officials say they’re investigating the case of Jakadrien Lorece Turner, a Dallas teen who ran away from home and gave a fake name to police — only to find herself being deported to Colombia. Turner, an American citizen, has been missing for a year and was finally discovered in Bogota, Colombia. American officials insist they followed procedure and there was no wrongdoing. But Turner’s grandmother says they should have done more to ascertain her real identity. Not to mention that something obviously must have gone awry for a 14-year-old to be sent to a foreign country where so had no history and no family. The U.S. embassy has reportedly submitted the necessary documents for Turner to return to the U.S., but there’s no word yet when she’ll be back in the country.

Justice

ICE Officials Mistakenly Deported Missing Dallas Teenager

Jakadrien Turner was wrongfully deported in April 2011.

There is a history of U.S. citizens who were accidentally deported by U.S. Immigration and Customs Enforcement officials, and thousands of American citizens have been illegally detained as the federal government cracks down on undocumented immigrants. Now comes the story of a Texas teenager who is a citizen and was still deported.

Dallas resident Lorene Turner had been searching for her granddaughter Jakadrien Turner since she ran away from home at the age of 14 in fall 2010. She searched for months until Dallas police helped her locate her granddaughter — in the South American country of Colombia, it turns out. U.S. Immigration and Customs Enforcement had deported Jakadrien in April 2011, even though the African American teenager spoke no Spanish:

News 8 learned that Jakadrien somehow ended up in Houston, where she was arrested by Houston police for theft. She gave Houston police a fake name. When police in Houston ran that name, it belonged to a 22-year-old illegal immigrant from Columbia, who had warrants for her arrest.

So ICE officials stepped in.

News 8 has learned ICE took the girl’s fingerprints, but somehow didn’t confirm her identity and deported her to Colombia, where the Colombian government gave her a work card and released her.

“She talked about how they had her working in this big house cleaning all day, and how tired she was,” Turner said.

Through her granddaughter’s Facebook messages, Turner says she tracked Jakadrian down.

U.S. Federal authorities got an address. U.S. Embassy officials in Colombia asked police to pick her up.

But that was a month ago, and the Colombian government now has her in a detention facility and won’t release her, despite her family’s request.

It is unclear how the teenager was mistaken for a foreign national, and ICE officials told Dallas TV station News 8 that ICE has seen cases where people provide inaccurate information about who they are. “ICE takes these allegations very seriously,” ICE Director of Public Affairs Brian Hale told News 8. “At the direction of [the Department of Homeland Security], ICE is fully and immediately investigating this matter in order to expeditiously determine the facts of this case.”

Politics

While Rick Perry Wages Doomed Campaign, ‘Obscure’ State Senator Runs Texas

Texas (acting) Gov. Mike Jackson (R)

Texas Gov. Rick Perry (R) has diverted his attention from his state to run for president, even as Texas suffers a debilitating drought, historic wildfires, and slumping economy. “Perry—alone among the Republican candidates—has a moral obligation to govern,” Richard Parker wrote in the New Republic in October. “And whether America loves or hates Rick Perry the presidential candidate, the fact is we Texans need our governor back home. Now.”

But today, despite his disappointing showing in the Iowa caucuses last night and diminishing prospects of capturing the GOP nomination, Perry announced that he would continue his campaign.

So who has been running the nation’s second largest state in Perry’s absence?

For the past two weeks, it’s been “a little-known politician from the Houston area,” the Dallas Morning News reports. The lieutenant governor, who typically fills in, left the state on December 26 for a five-day vacation, then went to Iowa this week to campaign for Perry. That left state Sen. Mike Jackson (R), who holds the state Senate’s generally honorary position of president pro tem, in charge.

So what’s Jackson been up to as acting governor? “It’s really everyday life,” he told the Morning News. “Big, important state business today? No, I’m at work at my construction company,” Jackson added:

Jackson said he’d spoken to staff members in Austin but otherwise tended to Senate district business, such as chasing down a constituent’s question about whether utility terrain vehicles — oversize golf carts — can be driven on the beach in Galveston.

“That’s about it,” he said.

Under the state constitution, the governor cedes control of Texas when he leaves its borders, though lawmakers have tried several times to enact an amendment that would allow the executive to use modern telecommunications to remain in charge. Perry “stays apprised” of what’s going on in Texas, aides said.

The state pays acting governors $410.96 per day for filling in, so to date, Perry’s absence due to his presidential bid has cost Texas taxpayers at least $25,000 in pay for his substitutes. Meanwhile, Perry’s security detail — which he takes with him on the campaign trail — costs taxpayers as much as $400,000 a month, up from before he announced his bid.

Justice

Texas Judge Forced Off Capital Case After Declaring State Death Penalty Law Unconstitutional

Judge Teresa Hawthorne

Late last month, Texas trial judge Teresa Hawthorne held that Texas’ death penalty statue violates the Constitution because it grants too much arbitrary discretion to prosecutors. As a result of this decision, Hawthorne has now been deemed unfit to hear a capital case:

Teresa Hawthorne, the Dallas County judge who ruled that the state’s death penalty statute was unconstitutional, must recuse herself from a capital murder case, a judge ruled today. [...]

In his closing arguments, Doug Parks, another of Harris’s attorneys, argued that the state simply didn’t like Hawthorne’s ruling in the defense’s favor on some of the pre-trial motions. If she had ruled in the state’s favor, he argued, “Her personal beliefs about the death penalty wouldn’t matter one iota. … She made rulings the state didn’t like, and now they’re attacking the trial judge based on her personal beliefs and feelings.”

Ultimately, though, [Judge John] Ovard still ruled that a “reasonable person” would have to conclude that Judge Hawthorne is too biased to preside over the case.

This is not law. Indeed, this is barely a mockery of law. If the state disagrees with Hawthorne’s decision, then it is free to appeal it. But when judges can be disqualified from hearing cases if they reach an unpopular decision than the justice system truly is rigged.

And this isn’t even the first time Texas’ court system used the threat of forced recusal against a judge who disagreed with the state’s execution policies. In 2010, Judge Kevin Fine declared the state’s death penalty statute unconstitutional because it was too likely to execute an innocent person. Fine eventually withdrew the opinion, however, after he was threatened with a forced recusal hearing of his own.

Lest there be any doubt, Texas accords far different treatment to judges who demonstrate potential bias in favor of killing criminal defendants. In 2007, Judge Sharon Keller, presiding judge on the highest criminal court in Texas, likely manipulated her court’s procedures to prevent a death row inmate from receiving a stay of execution from the United States Supreme Court. Although a state ethics panel initially gave Keller a “public warning” for her actions, an appeals panel later wiped away even this slap on the wrist.

Likewise, in 1994 Texas elected an unqualified attorney named Stephen Mansfield to its highest criminal court. Judge Mansfield had been disciplined for practicing law without a license in Florida and he was arrested for scalping tickets to the Texas-Texas A&M game on university property. He also was elected on a platform of promising harsher decisions in death penalty cases. Mansfield left the court after he decided not to run for re-election, but he never faced one sanction for his macabre election strategy.

But if one little trial judge dares to suggest that the state’s death penalty procedures are unconstitutional, she will be forced off capital trials because this view could only stem from unreasonable bias.

Health

Texas May Cut Entire Health Program To Spite Planned Parenthood, Leaving 130,000 Poor Women Without Care

In a year defined by the war on Planned Parenthood, Texas set the example in attacks against the women’s health organization. Not only did the state drastically reduce the state’s family planning funding from $111 million to just $37 million, but Republican lawmakers constructed a “tiered priority system” that ensured Planned Parenthood clinics would be the last to receive any of the remaining Title X federal funding. But Texas clinics can receive funding via another route: the state Women’s Health Program (WHP). Created in 2007, the Medicaid-funded program “provides family planning and primary care to low-income, uninsured women, and it served nearly 125,000 people in 2010 alone.”

So this year, GOP lawmakers decided to insert language into a new Medicaid measure that bans any family planning clinic that is even “affiliated” with an abortion provider from receiving WHP funds. Even though Planned Parenthood “corporately separated its abortion services from its family planning services in 2005,” Republicans wanted the fact that these (strictly family planning) clinics are “affiliated” with organization to disqualify them and asked the Department of Health and Human Services to let the state exclude the clinics accordingly.

Last week, the Department of Health and Human Services delivered it’s answer: No, as doing so “would violate the Social Security Act” which guarantees that a Medicaid patient can obtain health services from any qualified agency. But instead of accepting the decision, health advocates say Republicans may cancel the WHP program entirely out of spite, leaving at least 130,000 low-income Texas women without services:

But Fran Hagerty, chief executive of the Women’s Health and Family Planning Association of Texas, characterized the federal decision — which extends the program for three months while state officials decide whether to back down from their request — as “the ugliest possible scenario.” She fears the state will opt to end the Women’s Health Program rather than allow Planned Parenthood to continue to be part of it, and that 130,000 low-income women may end up losing out on cancer screenings and birth control.[...]

On Tuesday, state health officials said they would consult with Attorney General Greg Abbott to determine how to proceed. But Gov. Rick Perry doesn’t appear to be in a compromising mood. In a statement from the campaign trail, he said Texas is “committed to protecting life in Texas, and state law prohibits giving state dollars to abortion providers and affiliates — a fact the Obama Administration ignores.”

If state officials decide to forgo the Women’s Health Program in protest, Hagerty said major hospitals like the University of Texas Medical Branch and Parkland in Dallas would be able to maintain some semblance of family planning services, “but nothing like what we have now.” If the program does not extend past March, Hagerty said, community clinics would have to dramatically reduce services, lay off employees or shut down completely.

The program was created as a five year program and is set to expire on December 31. The HHS decision extends WHP for three more months, but Republicans are not accepting HHS’s ruling on the matter. The Texas Humans and Health Services Commission, which requested the waiver, said HHS’s decision is “inconsistent with federal law that gives states the authority to establish qualifications for Medicaid providers.”

State Sen. Robert Deuell (R) said it’s Planned Parenthood’s fault for supporting a constitutionally-protected right. “The problem could be solved tomorrow if Planned Parenthood just renounces abortions and just does family planning and comprehensive care, which they’re capable of,” he said. “Then we could provide a lot of family planning and there wouldn’t be abortions and this problem would go away.”

As the Dallas Observer’s Anna Merlen notes, the program has “served 235,000 women so far and saved the state more than $37.6 million during its first two years by helping women avoid otherwise costly unplanned pregnancies.” Currently, 28 percent of Texas women are uninsured, and without these clinics to provide necessary health care, the health care access problem for women is only going to get worse.

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