BG Reads | News - June 27, 2022
[MEETINGS]
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[AUSTIN METRO]
Council holds Sixth Street historic district until after summer break (Austin Monitor)
The city will wait until July to consider creating a local historic district along a section of East Sixth Street that has been identified by a Dallas developer as prime for redevelopment.
City Council had planned to discuss and take action at its June 16 meeting on a?resolution ?led by Council Member Kathie Tovo that would call on city staff to initiate the historic district process. That would create the design standards for the area as it moves toward redevelopment, with some new buildings expected to reach over 100 feet. The item was pulled and put on hold until July 27, Council’s first meeting after its summer recess, because the staff members needed to fully discuss the historic district process were not present at the meeting.
The matter created some tension between Tovo and attorney Richard Suttle, representative for Stream Realty Partners, the developer that has purchased more than 30 storefronts in the entertainment district and plans to demolish some of them to allow for office and hotel construction.?Speaking during public comment on the item, Suttle said Stream opposes creation of the historic district and said Tovo incorrectly said in the previous work session that Stream supported the intent of her resolution.
“The facts are Stream real estate is not in favor of Council Member Tovo’s proposal, as are many property owners along East Sixth Street,” Suttle said. “I just want it clear because there was some discrepancy, whether or not Stream is in favor of it.”…?(LINK TO FULL STORY)
Austin's (probably) hottest June on record sets the stage for historic drought this year (Austin American-Statesman)
Austin hasn't seen June weather like ours in almost 15 years. Sunday was the 20th day this month that temperatures in the city topped 100 degrees — matching the June record of 20 such days set in 2008. Putting aside the impressive stat of oppressive heat, our crunchy lawns and dusty greenbelt trails show that the ongoing drought remains the most troubling byproduct of 2022's historic swelter. Despite an occasional, very isolated, all-too-brief burst of showers in the metro area, June rainfall continues to stand at only 0.6 of an inch of rainfall at Camp Mabry, site of Austin's main weather station. And all of that fell on one day: June 4…?(LINK TO FULL STORY)
Lawsuit alleges TxDOT’s I-35 expansion project is ‘clearly violating the law’ (Austin Monitor)
Three Texas organizations – Texas Public Interest Research Group, Environment Texas and Rethink35 – have come together to file a lawsuit against the Texas Department of Transportation over its plans to expand Interstate 35.
At the Capital Metropolitan Transportation Authority policy board meeting on June 13, TxDOT reported that the three multibillion-dollar projects – the north, central and south undertakings – are progressing steadily. But despite the transportation agency’s efforts to quell criticism?through some design edits , the plaintiffs argue this expansion will lead to more harm than good. Further, they allege that by dividing the project into three subprojects, TxDOT is avoiding “more rigorous, legally required environmental review and public engagement of a single larger project,” according to the press release sent out this morning.
“This is a local movement to stop these wasteful and harmful highway expansions. We hope it’s going to send a clear message to TxDOT, that they need to start acting more in the public’s interest moving forward,” Adam Greenfield, co-founder of Rethink35, told the Austin Monitor.
The plaintiffs hope the lawsuit will force TxDOT to rescind its divided expansion scheme in favor of a new, unified project that more critically defines its potential impacts.?Currently, the plaintiffs say, the environmental, air quality and?induced demand ?impacts of the project are not clearly laid out.
“An internationally famous (example) is the Katy Freeway in Houston that was widened to 25 lanes in 2011. Four years later, peak hour congestion times had gone up roughly 14 percent. So, we want to see that really laid out for people,” Greenfield said…?(LINK TO FULL STORY)
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[TEXAS]
Sen. John Cornyn tweet about SCOTUS ruling related to racial segregation going viral (WFAA)
One day after the U.S. Supreme Court overruled Roe v. Wade, which gave constitutional abortion rights to women for more than 50 years, a Texas senator is now going viral online for comparing it to another landmark ruling that was overruled related to racial segregation. Sen. John Cornyn responded to a tweet by former president Barack Obama that denounced the Roe v. Wade decision. Cornyn's tweet said "Now do Plessy vs Ferguson/Brown vs Board of Education." That tweet quickly went viral online, with most speculating the Texas senator was suggesting SCOTUS reverse the Board v. Board of Education decision, including Texas Democratic congressman Joaquin Castro.
Brown v. Board of Education was a landmark SCOTUS decision in 1954 – which partially overruled its 1896 decision Plessy v. Ferguson – declaring that the "separate but equal" notion was unconstitutional for American public schools and educational facilities. WFAA reached out to Sen. Cornyn's office about the tweet, and a spokesperson directed us to this follow up tweet, which said, "Thank goodness some SCOTUS precedents are overruled." In essence, Sen. Cornyn says he is comparing how the Dobbs v. Jackson Women's Health Organization ruling has overturned the precedent in the Roe v. Wade case. In Obama's tweet, the former president mentioned how the Dobbs v. Jackson Women's Health Organization ruling reversed 50 years of precedent. Obama said in his tweet that reversing this precedent "relegated the most intensely personal decision someone can make to the whims of politicians and ideologues—attacking the essential freedoms of millions of Americans." When the Dobbs v. Jackson Women's Health Organization opinion was issued on Friday, Sen. Cornyn gave this statement: “Today, the Court has restored one of the core principles of our Constitution with this landmark ruling. This decision correctly returns the authority of states to decide the limits on abortion and will save countless innocent lives. I commend the Justices for not bowing to the vicious intimidation campaign waged by the radical Left. I join Texans in celebrating this historic victory for life and the rule of law.” Reaction online to Cornyn's tweet overwhelmingly deemed his comments as racist. Cornyn retweeted supporters who came to his defense and pointed to the reversing precedent comparison…?(LINK TO FULL STORY)
Texas Democrats hope abortion ruling backlash will help in November elections (Dallas Morning News)
The U.S. Supreme Court’s decision to overturn Roe vs. Wade has sounded the bell for a new round in the fight over abortion rights that will be staged in ballot boxes instead of courtrooms. The November midterm elections provide the first test of how the nation will respond to Friday’s ruling, and activists on both sides are rallying supporters. In Texas and across the nation, voters will either elect candidates to pass laws reinstating abortion rights, or they will choose conservative legislators to uphold anti-abortion legislation. Looking for a spark in what could be a tough midterm election year, Democrats are hoping for a backlash against the ruling that will lead to political victories. But even with anger sparking fresh energy among Democrats, Republicans hold a structural advantage in November. Not only does the GOP have its own enthusiasm, but the gerrymandering of districts makes a power shift in the Texas Legislature nearly impossible.
Add President Joe Biden’s plummeting popularity and concerns over inflation, and the passion of the fight for abortion rights might not be enough to propel Democrats, especially in critical legislative races that will determine the party that writes the laws. “Unless we’re all plunged into darkness because of a grid failure, there’s nothing in Texas that’s really competitive,” Plano political consultant Vinny Minchillo said. “There are other states where the abortion issue could make a difference, but here, most of the races are fait accompli.” With many district races out of reach, veteran Democrats are targeting statewide showdowns. That includes the race for governor between former U.S. Rep. Beto O’Rourke and Republican incumbent Gov. Greg Abbott. On Sunday, O’Rourke plans a rally in Austin for abortion rights. A Houston event in May after a leaked opinion foreshadowing the court’s decision drew thousands. “People in Texas have been trained to think that their vote doesn’t matter,” former state Sen. Wendy Davis said of legislative races. “Those gerrymandered lines cannot touch us and our power in a statewide election.” In 2013, Davis donned pink Mizuno Wave Riders for a 13-hour filibuster that scuttled an anti-abortion bill. It made her a national figure and set up an unsuccessful run for governor against Abbott. “The fight is going to be for the long term,” she said. “We have to be resolved as to what it’s going to take.” People on both sides are ready for it…?(LINK TO FULL STORY)
Some Texas DAs say they won’t prosecute abortion cases post-Roe. But it likely won’t matter. (Houston Chronicle)
Even before the U.S. Supreme Court overturned Roe v. Wade on Friday, local prosecutors in several of the largest Texas counties vowed not to file criminal charges in abortion-related cases, seemingly offering hope for those seeking a way around the state’s impending abortion ban. But those counties are unlikely to serve as abortion safe havens in post-Roe Texas, legal experts and abortion rights advocates say, largely because clinics still face the threat of legal retribution even in counties with sympathetic district attorneys. And the penalty for those who continue offering the procedure is steep — up to life in prison and at least $100,000 in fines under Texas’ so-called trigger law, which will soon outlaw nearly all abortions, starting at fertilization.
While Attorney General Ken Paxton cannot unilaterally prosecute criminal cases unless authorized by a local prosecutor, he is free to do so for civil matters anywhere in Texas. That means district attorneys may shield clinics and physicians from the trigger law’s criminal penalty of a first- or second-degree felony, but Paxton could still target them for six-figure civil fines, said Sandra Guerra Thompson, a law professor at the University of Houston. She also noted that abortion providers could be found criminally liable if an incumbent district attorney reconsiders or is replaced by a successor who wants to pursue abortion-related charges. Paxton, a Republican who fiercely opposes abortion, said he would “strictly enforce” the ban and help “any local prosecutor who pursues criminal charges.” He also noted the trigger law requires state regulators to revoke the license or permit of a health care professional who performs or attempts an abortion, another deterrent. Some district attorneys said they are compelled to prosecute abortion cases because they pledged to “preserve, protect and defend” state laws in their oath of office. “We do not choose which laws we follow,” said Tarrant County District Attorney Sharen Wilson, a Republican. “We followed Roe v. Wade when it was the law and we will follow Texas state law now.”…?(LINK TO FULL STORY)
[NATION]
Abortion pills take the spotlight as states impose abortion bans (New York Times)
In the hours after the Supreme Court released its decision overturning the legal right to abortion in the United States, nearly 100 requests for appointments flowed into Just the Pill, a nonprofit organization that arranges for patients to obtain abortion pills in several states. That was about four times the usual daily number of appointment requests for the organization, and many came from patients in Texas and other states that quickly halted abortions after the court ruling. Abortion pills, already used in more than half of recent abortions in the U.S., are becoming even more sought-after in the aftermath of Roe v. Wade being overturned, and they will likely be at the center of the legal battles that are expected to unfold as about half the states ban abortion and others take steps to increase access. The method, known as medication abortion, is authorized by the Food and Drug Administration for use in the first 10 weeks of pregnancy.
It involves taking two different drugs, 24 to 48 hours apart, to stop the development of a pregnancy and then to cause contractions similar to a miscarriage to expel the fetus, a process that usually causes bleeding similar to a heavy period. Many patients choose medication abortion because it is less expensive, less invasive and affords more privacy than surgical abortions — the pills can be received by mail and taken at home, or anywhere, after an initial consultation with a doctor by video, phone, in person or even just by filling out an online form. The patient must participate in the consultation from a state that allows abortion, even if it simply involves being on the phone in a car just over the border. The IP address of the computer or phone they use allows the clinic to identify where they are. For states that ban all forms of abortion, medication abortion is likely to provide significant enforcement challenges…?(LINK TO FULL STORY)
The lonely chief: How John Roberts lost control of the court (Politico)
As the shock waves spread Friday from the Supreme Court’s momentous decision striking down Roe v. Wade, one notable casualty of the ruling became evident: Chief Justice John Roberts. After nearly seven months of deliberations, Roberts found precisely zero takers among his fellow justices for his incrementalist approach that would have avoided overruling Roe for now, but allowed Mississippi to impose a near ban on abortions after 15 weeks of pregnancy. The court’s conservatives dismissed Roberts’ stance as unprincipled and impractical, while the liberal justices called it “wrong” without detailing their objections. Ultimately, Roberts’ opinion amounted to an afterthought that had no impact on the outcome of the case. And with the tumultuous Roe decision, the Roberts court legacy takes on a historic taint of polarization that the chief justice may not be able to unwind as he stares down the remaining years of his term overseeing a court that he clearly can’t control or cajole.
“This was clearly a rough term, but here is the capstone piece of evidence of just how little this is still the Roberts court,” said University of Texas law professor Stephen Vladeck. “This is a court that is fighting with each other past the chief. The bitterness, the intensity, the hostility is a reflection of the chief’s powerlessness because he can’t control either block.” “This stands as the most important decision of his tenure as chief justice and he’s not part of it,” American University professor and historian Stephen Wermiel said. “Roberts obviously tried hard to persuade the court I think to not go that far. … I presume he put all his cards on the table and, in the most important case of his tenure, he came up short.” Roberts came to the court with sterling conservative credentials and was confirmed on a 78-22 vote in 2005. He was lauded by former President George W. Bush and had the support of the entire Republican establishment who saw the young chief as the vanguard of next generation of constitutional conservatives on the court. Yet, Roberts on Friday found himself alone. He tried to avoid the very fallout that he believed the court could have avoided by stopping short of overturning Roe, and seems keenly aware of how Americans view the Supreme Court. The court continues to drop in its approval ratings with the public and it can’t seem to escape the perception that the institution’s decisions are being driven by politics, not principle. The snub Roberts suffered Friday would be humbling for any chief justice given the way in which abortion-related decisions bring a white-hot spotlight to the court. But it’s just the latest in a series of blows Roberts has sustained in recent weeks that have fueled doubts about his ability to manage an increasingly fractious court…?(LINK TO FULL STORY)
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Today's special weekend episode (160) features Kristin Marcum, owner and CEO of ECPR, Austin's preeminent public relations firm.
Kristin and Bingham Group CEO A.J. discuss her path into PR and her career leading to the C-suite and ownership of the firm.->?EPISODE LINK
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