Texas
Texas advocates file new legal challenge to near-total abortion ban
Reproductive rights advocates in Texas have filed a brand new authorized problem to halt a near-total abortion ban that has been in impact for greater than half a yr.
Senate Invoice 8 bars abortion as soon as embryonic cardiac exercise is detected – usually as early as six week of being pregnant, which is earlier than most individuals are conscious they’re pregnant – and affords no exception for rape or incest. The lawsuit, filed on Tuesday, asks a federal courtroom to rule the acute regulation unconstitutional. It cites public threats and authorized motion from anti-abortion activists in opposition to Texas abortion funds, teams which have been instrumental in serving to sufferers journey out of state for care, arguing that this conduct has chilled their first modification rights.
“Plaintiffs urgently want this courtroom to cease Texas’s brazen defiance of the rule of regulation, uphold the federal constitutional rights of pregnant Texans, and restore the flexibility of abortion funds and their donors, workers and volunteers to completely serve Texas abortion sufferers,” the federal courtroom submitting reads.
SB 8 shouldn’t be straight enforced by authorities officers, however consists of an unprecedented personal enforcement provision that enables any particular person – together with anti-abortion vigilantes with no connection to the affected person – to sue abortion suppliers or anybody who “aids or abet” care. Those that carry profitable fits can win at the very least $10,000 in damages. The scheme – meant to evade judicial evaluate – has up to now allowed the regulation to stay in impact, regardless of earlier authorized challenges.
The brand new lawsuit takes purpose at a handful of anti-abortion activists in Texas in addition to rightwing state lawmaker Briscoe Cain, who’ve all seized on the regulation’s novel enforcement provision by taking “steps” to sue or publicly threaten Texas abortion funds. In March, Cain sent cease-and-desist letters on his official letterhead to Texas abortion funds, and cited the “felony abortion ban” – a Texas statute that pre-dates Roe v Wade, the 1973 supreme courtroom choice that ensures the suitable to abortion and that’s presently into account by the US supreme courtroom.
Cain additionally tweeted: “Prosecute Texas Abortion Funds”.
Attorneys say the hostile actions by Cain and activists are “chilling” the work of plaintiff Stigma Aid Fund, a non-profit that financially assists those that can’t afford abortion, by inflicting workers, donors and volunteers to finish their relationships with the group.
Wendy Davis, a former Texas senator who famously led an 11-hour filibuster in opposition to an anti-abortion invoice in 2013 and later ran an unsuccessful bid for Texas governor, and abortion clinic director Marva Sadler, are additionally plaintiffs within the swimsuit. They are saying they are going to not be donating to Texas abortion funds because the regulation is in impact as a result of threats. The plaintiffs are represented by the Lawyering Undertaking, who introduced the swimsuit within the US western district in Austin.
“We’re asking the courts at present to cease the unconstitutional harassment of abortion funds by confirming SB 8 can’t be used to silence donors with bogus threats,” stated Davis in an announcement.
“It’s critical we present up for abortion funds and sensible assist organizations as they’ve proven up for pregnant Texans. If you wish to struggle again in opposition to abortion bans like Texas’s SB 8, donate to your native abortion fund and sensible assist group at present.”
Advocates hope the lawsuit could have extra success than earlier challenges, after the US supreme courtroom and the Texas supreme courtroom dominated this yr that the regulation might stand.
In March, two Texas abortion funds filed swimsuit in opposition to two of the activists named in Tuesday’s swimsuit in federal courtroom outdoors of Texas, as a way to evade the conservative fifth circuit courtroom of appeals. Advocates hope the stress of a number of lawsuits with differing methods, defendants and venues will assist legally erode SB 8.
Advocates say the regulation, in impact since 1 September due the US supreme courtroom’s refusal to dam the measure, has inflicted irreparable hurt in a state that’s dwelling to 10% of the reproductive age inhabitants. Texans have been compelled to journey lots of and even 1000’s of miles for abortion entry, overburdening clinics in surrounding states, in accordance with the Guttmacher Institute.
Deliberate Parenthood clinics in Oklahoma alone – which is contemplating its personal SB 8-style regulation – noticed a virtually 2,500% enhance in sufferers from Texas.
The ban has compelled a mean of almost 1,400 Texans to journey out of state for abortion every month, almost equal to the quantity that traveled yearly between 2017 and 2019, in accordance with analysis from the Texas Coverage Analysis Undertaking. The inflow of Texas sufferers to different states has in flip triggered a ripple impact throughout the US reproductive well being community.
Suppliers stress the regulation disproportionately impacts probably the most susceptible: low-income individuals, individuals of colour, immigrants and younger Texans, who’re much less prone to safe the sources essential to enterprise out of state, together with day off work, childcare and lodging. Consequently, they’re “struggling the bodily and psychological influence” of undesirable being pregnant and giving start “in opposition to their will or trying to finish their pregnancies with out entry to licensed healthcare suppliers”, the authorized grievance says.
“Regardless of the outstanding efforts of abortion funds and sensible assist organizations, all too many Texans in the end lack the sources or mobility to entry abortion at nice distances from dwelling and thus face the devastating penalties of undesirable being pregnant,” stated Rupali Sharma, senior counsel and director on the Lawyering Undertaking. “Right now, we’re asking the courtroom to finish Texas’ defiance of the rule of regulation and uphold the elemental rights of its residents.”
A number of state legislatures have proposed copycat abortion bans modeled after Texas, with Idaho signing such a measure into regulation final month. Anti-abortion officers all through the nation are hoping such measures, unconstitutional beneath present precedent, will likely be allowed to face, with the US supreme courtroom anticipated to overturn or considerably chip away on the landmark Roe v Wade ruling in a forthcoming choice over a Mississippi 15-week abortion ban.
Texas
Texas AG sues Dallas for decriminalizing marijuana
Texas Attorney General Ken Paxton announced a lawsuit Thursday targeting the blue city of Dallas over a ballot measure that decriminalizes marijuana.
Paxton alleges that Proposition R, which “prohibits the Dallas Police Department from making arrests or issuing citations for marijuana possession or considering the odor of marijuana as probable cause for search or seizure,” violates state law.
The attorney general argues in the lawsuit that the ballot measure is preempted by Texas law, which criminalizes the possession and distribution of marijuana. Paxton also claims the Texas Constitution prohibits municipalities from adopting an ordinance that conflicts with laws enacted by the state legislature.
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“Cities cannot pick and choose which State laws they follow,” Paxton said in a statement. “The City of Dallas has no authority to override Texas drug laws or prohibit the police from enforcing them.”
Paxton called the ballot measure “a backdoor attempt to violate the Texas Constitution” and threatened to sue any other city that “tries to constrain police in this fashion.”
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The lawsuit comes after interim Dallas Police Department Chief Michael Igo directed Dallas police officers not to enforce marijuana laws against those found to be in possession of less than 4 ounces.
Ground Game Texas, a progressive nonprofit group that campaigned in favor of the ballot measure, argued it would help “keep people out of jail for marijuana possession,” “reduce racially biased policing” and “save millions in public funding.”
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“It’s unfortunate but not surprising that Attorney General Ken Paxton has apparently chosen to waste everyone’s time and money by filing yet another baseless lawsuit against marijuana decriminalization,” said Catina Voellinger, executive director for Ground Game Texas.
“Judges in Travis and Hays counties have already dismissed identical lawsuits filed there. The Dallas Freedom Act was overwhelmingly approved by 67% of voters — this is democracy in action.”
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Since January 2024, Paxton has filed lawsuits against five Texas cities that decriminalized marijuana possession, arguing these policies promote crime, drug abuse and violence.
Texas
Tre Johnson, Texas Longhorns Scrape Past Saint Joseph’s to Win Legends Classic
The Texas Longhorns are heading back to Austin with some early-season tournament hardware in hand.
Tre Johnson battled through another poor shooting night but closed the game out for Texas once again, scoring a game-high 17 points to lead the Longhorns to a 67-58 win over Saint Joseph’s at the Legends Classic championship round in Brooklyn Friday night.
Transfer guard Julian Larry sparked the Longhorns late, scoring all 12 of his points in the second half. Arthur Kaluma added 14 points, four rebounds and four assists while Kadin Shedrick had 10 points and six rebounds.
The Hawks were led by Rasheer Fleming, who stuffed the stat sheet with 16 points, 20 rebounds, three assists, two blocks and three steals. Xzayvier Brown added 15 points on 4 of 7 shooting.
The Longhorns jumped out to an 11-6 lead after seven early points from Kaluma. St. Joe’s started out cold from the field but controlled the game with hard-nosed defense and the occasional press while dominating the offensive glass. This was highlighted by a possession where the Hawks got four consecutive offensive rebounds but only scored one point as a result.
Johnson stayed aggressive on offense for Texas but was off on his shot and was impacted by the on-ball defense of St. Joe’s.
Mark, Pope and Johnson all hit a triple for Texas in about a two-minute span ahead of halftime to give the Longhorns their biggest lead at 32-26 but the Hawks responded with a free throw from Haskins 3-pointer from Brown before halftime to cut the lead to 32-30.
The defense from the Hawks ramped up even more, as the Longhorns were stuck in the mud on offense and had little to no ball movement. St. Joe’s was hardly much better, but its defense continued to set the tone and eventually swung the momentum.
Larry then hit back-to-back triples as the two teams traded buckets on five straight possessions. Consecutive dunks from Ajogbor and Fleming but the Hawks in front 50-46 with 8:25 to play, but Larry continued to take over. He hit 1,000 career points with a driving layup before finding Kaluma for a corner triple to put Texas back in front at 51-50.
It didn’t stop there for Larry, who found a cutting Shedrick for a dunk before diving on a loose ball down at the other end to secure possession for Texas, which had built a 55-52 lead with 3:13 left. The Longhorns used the momentum to put together an 8-0 run, which essentially sealed the win in a game where scoring felt hard to come by.
Johnson then closed the game out with six points in the final 4:11 of action, including a pullup jumper at the foul line to put Texas up 63-55 with 1:19 left.
Texas will host Delaware State on Nov. 29.
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Texas
UT System’s free tuition plan sparks resistance from some Texas lawmakers
WASHINGTON — State Rep. Brian Harrison, R-Midlothian, said Friday he plans to meet with top University of Texas System officials after they announced a plan to provide free tuition and waived fees to students whose families make $100,000 or less.
While many elected officials have praised the initiative, Harrison criticized it as an “abuse of power” that makes Texas higher education “more socialist than California.”
Harrison said Friday he’s unswayed by statements from the system and supporters who say the move will be funded from university endowments, not taxpayers.
Harrison compared such statements to someone saying they’re removing water from the shallow side of a pool, not the deep end. It’s all the same water.
“Money is fungible, so that doesn’t satisfy me in the slightest,” Harrison said.
The new initiative is an expansion of the Promise Plus Program, a needs-based financial aid initiative, and comes amid widespread concerns about the impact of inflation and college costs on families. Gov. Greg Abbott recently prohibited Texas colleges and universities from raising tuition for the next two years.
UT System Chancellor James B. Milliken hailed the expansion as a “game changer” that will make “enormous, real difference” to improve college access for all Texans.
Not everyone is a fan.
Harrison and like-minded House colleagues have compared it to President Joe Biden’s student loan forgiveness plan that drew intense blowback from conservatives and was largely struck down by the courts. They also said such a consequential change in policy should come from the elected lawmakers serving in the Legislature.
“There must be consequences,” Harrison said on X. “UT’s budget must be cut, and bureaucrats should be fired.”
He led 10 Republican lawmakers, most of them incoming freshmen, in a letter to the regents demanding answers to a litany of questions, including the price tag of the expansion and the source of that money.
“What specific statutory authority did the regents rely on to make a decision this consequential, which will have direct financial consequences for our constituents, many of whom are already struggling to put gas in their tanks and food on their tables?” the lawmakers wrote.
UT System spokesman Paul Corliss has said the program is not funded through taxes or any kind of public subsidy.
“Rather it is funded through existing UT System endowments,” Corliss said.
Rep. Donna Howard, D-Austin, hammered that point in a response to Harrison on social media.
“There are no tax dollars involved,” Howard said on X. “Higher Ed institutions are already helping families afford college. This expands philanthropic endowments and helps meet affordability goals of [Abbott and the Texas Higher Education Coordinating Board].”
Harrison and his colleagues will have to contend with many members of the public embracing a plan that already is encouraging young people to adjust their higher education aspirations.
Frank Whitefeather, a high school senior, stayed up until 2:30 a.m. Friday working on his college application essay.
He was freshly motivated after the announcement that students whose families make less than $100,000 annually will get free tuition and waived fees at the University of Texas at Austin and other schools in the UT System.
“I wouldn’t be in debt,” said Whitefeather, 17. “I wouldn’t have to have student loans.”
Whitefeather, who attends Dallas ISD’s Sunset High School, thinks the UT news also could change many of his peers’ lives. It’s already changing his plans. Whitefeather hopes to study engineering and be his own boss one day. Texas A&M and UT Austin were his top two choices, but the free tuition announcement has pushed UT ahead.
Harrison said the university system is being contradictory by simultaneously saying it has enough money to offer tuition-free education, but also that a tuition freeze could leave it cash strapped and require more funding from the Legislature.
“I guarantee you they’re going to be requesting more tax money from the Legislature next session,” he said.
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