Texas
Supreme Court steps into fight over nuclear waste storage in rural Texas and New Mexico
WASHINGTON (AP) — The Supreme Court agreed on Friday to step into a fight over plans to store nuclear waste at sites in rural Texas and New Mexico.
The justices said they will review a ruling by the 5th U.S. Circuit Court of Appeals that found that the Nuclear Regulatory Commission exceeded its authority under federal law in granting a license to a private company to store spent nuclear fuel at a dump in West Texas for 40 years. The outcome of the case will affect plans for a similar facility in New Mexico.
Political leaders in both states oppose the facilities.
Republican Gov. Greg Abbott of Texas has said his state “will not become America’s nuclear waste dumping ground.”
The push for temporary storage sites is part of the complicated politics of the nation’s so far futile quest for a permanent underground storage facility.
Roughly 100,000 tons (90,000 metric tons) of spent fuel, some of it dating from the 1980s, is piling up at current and former nuclear plant sites nationwide and growing by more than 2,000 tons a year. The waste was meant to be kept there temporarily before being deposited deep underground.
A plan to build a national storage facility northwest of Las Vegas at Yucca Mountain has been mothballed because of staunch opposition from most Nevada residents and officials.
The fight over storing nuclear waste is among 13 cases the justices added to their agenda for the term that begins Monday. Other notable cases include a plea by gun makers to end a lawsuit in which Mexico seeks to blame them for gun violence south of the border and an appeal from a death row inmate in Texas whose execution the high court halted at the last minute in July.
In the NRC case, there are two issues before the justices, which will be argued early next year.
The NRC contends that the states forfeited their right to object to the licensing decisions because they declined to join in the commission’s proceedings.
Two other federal appeals courts, in Denver and Washington, that weighed the same issue ruled for the agency. Only the 5th Circuit allowed the cases to proceed.
The second issue is whether federal law allows the commission to license temporary storage sites. Texas and environmental groups, unlikely allies, both relied on a 2022 Supreme Court decision that held that Congress must act with specificity when it wants to give an agency the authority to regulate on an issue of major national significance.
In ruling for Texas, the 5th Circuit agreed that what to do with the nation’s nuclear waste is the sort of “major question” that Congress must speak to directly.
The Biden administration told the court that the commission has long-standing authority reaching back to the 1954 Atomic Energy Act to deal with nuclear waste.
The NRC granted the Texas license to Interim Storage Partners LLC for a facility that could take up to 5,000 metric tons of spent nuclear fuel rods from power plants and 231 million tons of other radioactive waste. The facility would be built next to an existing dump site in Andrews County for low-level waste such as protective clothing and other material that has been exposed to radioactivity. The Andrews County site is about 350 miles (563.27 kilometers) west of Dallas, near the Texas-New Mexico state line.
New Mexico officials, led by Democratic Gov. Michelle Lujan Grisham, are opposed to a license the commission granted to Holtec International for a similar temporary storage site in Lea County, in the southeastern part of the state near Carlsbad. The 5th Circuit also has blocked that license.
A decision is expected by the middle of next year.
Texas
Texas school board to vote on required Bible readings in public education
AUSTIN, Texas (AP) — The Texas education board will vote Friday on a required reading list for more than 5 million public school students that includes Bible passages, widening conservative efforts to push Christian teachings in U.S. classrooms.
The proposal in Texas — which would mandate literary works such as Charles Dickens’ “Great Expectations” alongside parables from the New Testament — has been closely followed by education observers who say it appears to be the first of its kind in the nation.
If approved by the Texas State Board of Education, which is controlled by Republicans, the reading list would take effect in 2030.
Texas, which educates roughly 1 in 10 of the nation’s public school students, has been at the forefront of a charge by conservatives to incorporate more religion into classrooms. The state already allows public schools to hire chaplains to counsel students, mandates the display of the Ten Commandments in classrooms and has approved an optional Bible-infused curriculum.
For months, critics have blasted both the push to require Bible readings and the state mandating what books are read by students, which are decisions typically left up to teachers. Teachers could still assign students other books to read on top of the required titles.
A focus on Christianity
Critics say the reading list lacks diversity, blurs the separation of church and state that is enshrined in the Constitution and leaves teachers and students with little room to decide what to read.
“Kids of all faith backgrounds and no faith are served by Texas schools and they should all feel welcome in Texas schools,” said Elva Mendoza, legislative communications associate for the progressive Texas Freedom Network. “But this is sending the message to children that one and only one religious text — a Christian one — is worthy of making this required reading list.”
Others have applauded the possibility of mandated Christian religious reading in public schools. Brooke Mazel, a retiree from Lubbock, encouraged the board to adopt biblical materials, saying her children and grandchildren grew up with “strong faith and family values.”
“America should celebrate our 250 years that started as a nation of unwavering Christian values,” Mazel said.
The board is also set to vote Friday on a social studies curriculum that links Bible stories with American history.
Texas may be a trailblazer
A state law passed in 2023 required a mandatory list of at least one literary work be taught in each grade level. The proposed new list contains around 200 texts, including Bible passages, essays and books, far in excess of that requirement.
Antero Garcia, president of the National Council of Teachers of English and a Stanford University professor, said he doesn’t know of any other state with a mandatory reading list that includes religious texts. Educators at the district and school level usually choose the texts their students will read, Garcia said.
Kasey Meehan, director of PEN America’s Freedom to Read program, agrees the move is “unique” to Texas.
Picture-book stories for elementary students including “David and Goliath” and “Daniel and the Lion’s Den” are on the required reading list. By fourth grade, students would encounter passages about Jesus in the New Testament.
By middle school, students would be expected to read several passages about Jesus, including passages from his most famous sermon, and another where he instructs people to cast aside earthly anxiety and seek the kingdom of God.
For high schoolers, the list requires the reading of specific Bible passages as supportive materials for literary works including works by Dickens and Jane Austen’s “Pride and Prejudice.”
Holding diversity in check
Such strict requirements amount to “almost de facto censorship,” Meehan said, comparing the list to book bans.
“It certainly leans ideologically more conservative,” she said. “It excludes a lot of diverse voices from the reading list.”
The list mandates that students reading Shakespeare’s “The Tragedy of Julius Caesar” also read a eulogy for President Ronald Reagan written by former British Prime Minister Margaret Thatcher, a staunch conservative.
Frank Strong, an English and journalism teacher and co-founder of the student advocacy group Texas Freedom to Read, said diversity is not only important for students needing to see themselves in what they read but also as a way to learn about different cultures.
Many of the books on the reading list are not controversial, but Mendoza asks why books like “Chicka Chicka Boom Boom” need to be required for kindergartners.
“Can’t our kindergarten teachers be trusted to choose board books?” Mendoza asks.
___
Stengle reported from Dallas.
Texas
A Judge Issued a Rebuke to the Texas GOP’s Claims About the East Plano Islamic Center
For more than a year, high-profile Texas Republicans have argued that Muslims are secretly plotting to take over Texas, centering their outrage on the East Plano Islamic Center, a mosque and Muslim community in North Texas known as EPIC. That hysteria resulted in a range of government enforcement actions last year, including a probe by the Texas Funeral Service Commission that barred EPIC from performing funeral rites. Last July EPIC sued the state, alleging Texas had violated its religious freedom. Late Wednesday, a federal judge in the Western District of Texas ruled that the mosque’s lawsuit can proceed despite the state’s attempt to dismiss it. In his ruling, the judge also issued a strong rebuke to claims made by Governor Greg Abbott and other state officials, writing that “no evidence has been presented” that EPIC intends to impose “Sharia law,” Islamic teachings based on the Quran and words of the Prophet Muhammad, on Texans.
The case stems from last March, when the funeral commission issued a cease and desist order that barred the mosque from performing traditional cleansing, shrouding, and prayer over bodies, on the grounds that EPIC may have been unlawfully conducting such rites without a license. (EPIC denies this allegation.) As Texas Monthly has reported, the agency was pushed to issue the order by some of Abbott’s closest advisers, who had made unsupported claims that EPIC and a proposed housing development it was affiliated with, EPIC City, was building a “no go zone” exclusive to Muslims (it was not).
EPIC sued the funeral commission in July 2025, arguing that the cease and desist order was an unconstitutional prohibition on religious practices. In Islam, preparing bodies for funerals stands as one of the most sacred rites; by the time of EPIC’s lawsuit, according to the petition, at least eleven congregants had been forced to receive rites elsewhere—away from their home mosque.
EPIC later amended its lawsuit to include former funeral commission chair Kristin Tips after text messages were released showing she had shared anti-Muslim messages and videos as the agency’s investigation unfolded. Among the examples was a graphic Tips had sent to the commission’s then–executive director, Scott Bingaman, that accused Islam of allowing child marriage and pedophilia. After sending it, Tips texted Bingaman a YouTube video with the title: “EPIC CITY TEXAS! Are Muslims planning a TAKEOVER?”
For nearly a year, the case has been locked in a procedural back-and-forth as Tips and the agency—represented by Attorney General Ken Paxton’s office—have pushed for the court to dismiss the case. Late Wednesday evening, Judge David Alan Ezra, a Ronald Reagan appointee, issued an order denying Tips’s attempt to dismiss the lawsuit. He also rejected Tips’s claim of qualified immunity, which can shield government officials from personal liability in civil cases. That rejection is rare in courts, such as this one, that appeal to the Fifth Circuit, which is one of the most conservative federal appellate courts in the country and is typically welcoming to government defendants.
In his ruling, Ezra cited the funeral commission’s deviation from historical norm in the EPIC case, as the agency has repeatedly asserted—first in 1987 and again in 2014—that Islamic religious organizations could conduct funeral and burial services without government oversight. The judge also affirmed that the alleged conduct—including the cease and desist order and Tips’s anti-Muslim messages—was seemingly “the result of religious discrimination” that violated EPIC’s clearly established religious rights under the Constitution’s Equal Protection Clause and other laws protecting religious liberty. In a rather remarkable footnote, the judge added that, based on the evidence offered, the court firmly rejected claims “suggesting that EPIC has applied, or intends to apply, ‘Sharia law’ in its practices.”
Though the case will now continue to wind through the courts, the judge’s ruling is a firm rebuke of the anti-Muslim political hysteria fueled by Abbott and his team of advisers. As Texas Monthly reported this month, the governor’s inner circle took an unusually active role in the funeral commission’s regulatory case against EPIC. After being looped into the agency’s pending investigation, which stemmed from an April 2024 complaint levied by a private individual, the governor’s attorneys, including Abbott’s general counsel, Trevor Ezell, edited the boilerplate cease and desist order the commission was ready to issue to make it more severe and punitive.
The original document, drafted by a funeral commission staffer, included a line warning that noncompliance would result in the agency taking “legal action.” Abbott’s team struck that line and suggested replacing it with a “criminal referral” to the Collin County district attorney—in what amounted to a hijacking of the agency’s usual independent regulatory process. At one point, a close adviser of Abbott even reported to a commission staffer that Abbott had texted him that after the cease and desist order was sent out, the funeral commission was his new favorite agency.
Over the following months, the governor’s advisers, including Ezell and a budget and policy adviser, Alex Aragon, weighed in often on the EPIC probe, requesting regular updates, coordinating public statements, and, at times, directing regulatory action. When the agency investigated other cases—such as a high-profile incident in which a Dallas funeral home allegedly accidentally shipped a stillborn baby to a Louisiana laundry facility—the governor’s team exhibited no similar interest. More than a year after the funeral commission’s cease and desist order, its investigation remains ongoing. No violations have been found.
Tips, the agency’s former chair, led the funeral commission until March 12, when, according to an email obtained by Texas Monthly, she “prayerfully” resigned, effective immediately, late in the night. While the circumstances around her departure remain unknown, she had spent months under fire for allegations that she had illegally lobbied for tort reform in her position as chair, which she denies. But in her absence, the governor’s pursuit of EPIC has continued. In March, the funeral commission issued a broad new subpoena to EPIC, seeking every record of funeral services that the mosque has on file.
After EPIC’s attorneys pushed back, arguing the order was too large in scope, Paxton’s office got involved—issuing a letter that demanded EPIC comply. Meanwhile, Abbott has continued his crusade against the mosque, going on Fox News earlier this week to deride EPIC and what he alleged were “multiple violations” of the law. The governor has touted that a dozen state agencies have investigated EPIC. To date, no criminal charges have been filed against the mosque, and a federal probe into EPIC by the the Department of Justice was dropped with no findings of malfeasance.
Texas
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