Texas
Texas Supreme Court weighs whether to allow state’s education agency to oust Houston school board
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The Texas Supreme Court docket on Thursday heard arguments on a yearslong case over whether or not the Texas Schooling Company has the authority to take away all the Houston faculty district’s board members and briefly change them with a state-appointed board. On the middle of the listening to was the influence of a legislation that up to date the training code final yr and that TEA legal professionals argued cleared the trail to implement the company’s plan.
The state’s highest courtroom took the case practically two years after the Third District Court docket of Appeals sided with the Houston Unbiased Faculty District and upheld a brief injunction barring TEA Commissioner Mike Morath from taking on the board in response to the continued low efficiency of HISD’s Phillis Wheatley Excessive Faculty in addition to allegations of misconduct by trustees.
The present HISD board will stay in workplace so long as the injunction stands. If the courtroom have been to ultimately facet with the TEA and overturn the injunction, state training officers may set up a brand new board, which in flip may vote to terminate the HISD lawsuit.
Morath moved to exchange HISD’s faculty board in 2019 arguing that state legislation gave him the authority to briefly appoint new board members at school districts that had reported low educational efficiency for 5 consecutive years. The TEA additional argued that the commissioner had the ability to exchange the board in any district that had a conservator appointed by the state for greater than two years. Conservator Doris Delaney had overseen HISD’s Kashmere Excessive Faculty since 2016 and her authority was prolonged to the district degree in 2019.
The Third District Court docket disagreed, ruling that Morath had misinterpreted the legislation and didn’t correctly comply with procedures.
Interesting the choice throughout oral arguments Thursday, TEA’s legal professional Kyle Highful stated that factoring main updates to the Texas Schooling Code launched by Senate Invoice 1365, which was handed final yr, would “enormously simplify” the case.
As an example, appeals courtroom justices beforehand dominated that Delaney’s time overseeing Kashmere Excessive Faculty didn’t depend towards her time as a district-level conservator, so the state had but to satisfy the two-year requirement of getting a district-level conservator to set off state legislation. Highful stated this new legislation has now eliminated the excellence between campus-level and district-level conservators.
He additionally famous that whereas Wheatley Excessive Faculty has lately earned a passing grade, the college had seen years of consecutive failures beforehand.
“The courtroom ought to go forward and take the chance to resolve this dispute now each for judicial financial system as a result of the case has been transferring up and down via the courts for a number of years,” Highful stated, “and since the HISD college students are nonetheless in want of state intervention.”
In response, HISD’s legal professional David Campbell stated it will be applicable to remand the case for a trial courtroom to contemplate adjustments to the momentary injunction based mostly on the brand new legislation.
However he burdened that the present momentary injunction had been in place for nearly three years, including that HISD was able to “transfer expeditiously” and make a case for a everlasting injunction in 2020. Then again, he stated there was restricted potential to replace their arguments to keep in mind the brand new legislation.
“We have now not tried to delay issues in any manner. If we may have developed info underneath the brand new legislation, we might have. We haven’t been given that chance, as a result of the case has been on attraction,” Campbell stated.
In his questioning, Justice Brett Busby expressed concern about setting a precedent of making use of a brand new legislation with out permitting events to develop info.
Highful responded that the brand new legislation wasn’t “sprung on” HISD, saying that in a earlier briefing TEA attorneys have defined what the brand new legislation does and the way it applies to the case.
The Texas Supreme Court docket didn’t make a ruling throughout Thursday’s listening to.
Texas
Texas Rangers closer Kirby Yates has All-Star case, even without lighting up the radar gun
BALTIMORE — A philosophical question: If a closer doesn’t hit 100 mph, can he still get noticed? You know, kind of like a tree falling in the woods. If nobody sees it, did it actually happen?
We may get an answer to that question in the next week when All-Star rosters are revealed. Rangers closer Kirby Yates has seemingly done everything necessary to make the AL All-Star team, other than light up a radar gun.
As players wrap up their voting for the All-Star pitching staffs this weekend, choosing three relievers, it’s hard to make a convincing case against Yates reaching the medal stand. Unless, of course, you factor in his fastball. It doesn’t light up Statcast metrics. It’s only good for getting him ahead in counts and setting up his devastating forkball. Among qualified relievers, Yates’ 93.1 mph average fastball ranks only 60th in the AL. The guys getting all the national buzz are Oakland’s Mason Miller and his 100.8 mph fastball and AL saves leader Emmanuel Clase with his 99.8 mph heater.
“I know I don’t have a fastball that lights up the radar guns,” Yates said. “But the league is filled with stuff and guys who are throwers. Guys who pitch are the outliers. But if you pitch and execute your pitches, you can be successful. I don’t think that will ever go away.”
He has pitched exceptionally well. There is not a performance-based stat in which he is weak. He began Saturday perfect in his 11 save chances this year, the only AL reliever with at least 10 opportunities and no blown saves. His ERA (0.99) was second. His batting average allowed (.134) was second. He had a WHIP below 1.00 (0.95).
Put this another way. He is the only pitcher in baseball — regardless of league — to begin the statistical second-half of the season perfect on at least 10 save chances, with a WHIP and ERA both below 1.00. There is more. He’s averaging 12.07 strikeouts per nine innings thanks to a filthy splitter and hasn’t allowed a homer.
The closest comp to Yates from a year ago was Minnesota’s Jhoan Duran, who ended June with 11 saves in 13 chances, a 1.91 ERA and a 0.94 ERA. Perhaps, it’s not best to bring this up. Duran still didn’t make the All-Star team. There were six relievers either selected or named as replacements. It included each of the top five in saves and Baltimore’s Yennier Cano, who had a 1.14 ERA and 0.86 WHIP entering July. Moral of the story: Yates’ relatively low number of saves may work against him.
If other players rely on a singular number such as saves or WAR, Yates may get overlooked. He is tied for 11th in the AL in saves and is eighth in WAR among AL relievers at 1.0, though only three-tenths of a win separates him from the No. 2 spot, which belongs to Clase.
On the other hand, if AL manager Bruce Bochy has any input, Yates will get a firm endorsement. That doesn’t carry the weight it once did. Once upon a time, the manager had a big hand in selecting the pitching staff. Now, it’s almost entirely reliant on peer votes. Bochy said this week that he would heartily endorse Yates as a reliever.
So, too, will David Robertson, the AL’s senior reliever at age 39. Robertson was an All-Star in 2010 as a setup man with the New York Yankees.
“His case is great,” said Robertson, who has a pretty solid case of his own. “His WHIP is good. His strikeouts are high. If you aren’t giving up walks and hits and you are striking out guys, what else are you supposed to do? I hope he goes.”
Yates admits it, he’d like to. He’s been an All-Star before and was even named the NL’s closer in 2019. Only problem: NL didn’t have a lead. He didn’t pitch. Since then: He missed most of three seasons with elbow issues and eventually surgery.
“I think making the team would validate a lot of things,” Yates said. “I’d love a chance to pitch, but the fact that I was named the closer that year was a real sign of respect and I appreciated that. In a perfect world, you’d get a chance to do both.”
And if everybody sees it, well, then it definitely happened.
Twitter: @Evan_P_Grant
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Texas
Two Texas jail guards are indicted by a county grand jury in the asphyxiation death of an inmate
Two county jail guards have been indicted on murder charges for the asphyxiation death of an inmate in Texas.
The indictments, dated Tuesday, charge Joel Garcia, 48, and Rafael Moreno Jr., 37, in the April death of 31-year-old former Marine Anthony Johnson Jr. at the Tarrant County jail in Fort Worth.
Attorneys for Garcia or Moreno did not immediately return phone calls and text messages for comment Friday.
Randy Moore, an attorney for Garcia, has previously said that Garcia’s role in the fight was limited and that the use of force was necessary.
“The wheels of justice continue to turn in this case,” Sheriff Bill Waybourn said in a statement. “I said from the beginning that we hold accountable anyone responsible for Mr. Johnson’s death and we are doing that.”
Waybourn, who has said Moreno wrongly placed his knee on Johnson’s back after Johnson was handcuffed and that Garcia was the supervisor, initially fired the two, but both were reinstated and placed on paid leave because the sheriff’s office said the dismissals did not follow official protocol.
The force used in Johnson’s death is intended to stop and subdue people without killing them, yet increasingly it has come under scrutiny following the 2020 death of George Floyd.
Floyd died after a Minneapolis police officer restrained him face down on the ground for nine minutes and pinned a knee to the back of Floyd’s neck, an incident that sparked outrage nationwide.
The family of Johnson, who had been arrested two days before his death for allegedly using a knife to threaten the driver of a vehicle, has called for a federal investigation of the jail. The family has told the Fort Worth Star-Telegram that Johnson was suffering from a mental health crisis.
On Friday, four Missouri prison guards were charged with murder, and a fifth with accessory to involuntary manslaughter, in the December death of a Black man who was pepper-sprayed, had his face covered with a mask and was left in a position that caused him to suffocate.
Texas
Texas Supreme Court upholds state ban on gender transition treatment for minors
The Texas Supreme Court on Friday upheld the state’s ban on gender transition treatment for children, allowing the Lone Star State to remain one of at least 25 states, and the largest, with restrictions on such treatment.
The law, which has been in effect since Sept. 1, 2023, prohibits children under the age of 18 from accessing hormone therapy, puberty blockers and gender transition surgery. Children who were already on those medications were required to taper off their use of the drugs. The law includes exemptions for children in early puberty or who have “a medically verifiable genetic disorder of sex development.”
The lawsuit that challenged the law argued it harms transgender teenagers who are barred from receiving gender transition treatment recommended by their physicians and parents, according to The Associated Press.
The court, comprised of all Republicans, handed down its ruling in an 8-1 decision.
JUDGE RULES MONTANA LAW DEFINING SEX AS ONLY MALE OR FEMALE IS UNCONSTITUTIONAL
“We conclude the Legislature made a permissible, rational policy choice to limit the types of available medical procedures for children, particularly in light of the relative nascency of both gender dysphoria and its various modes of treatment and the Legislature’s express constitutional authority to regulate the practice of medicine,” Justice Rebeca Aizpuru Huddle wrote.
The lone dissenting judge said the court was giving the state’s government the ability to “legislate away fundamental parental rights.”
“The State’s categorical statutory prohibition prevents these parents, and many others, from developing individualized treatment plans for their children in consultation with their physicians, even the children for whom treatment could be lifesaving,” Justice Debra Lehrmann wrote. “The law is not only cruel — it is unconstitutional.”
A lower court had ruled the law unconstitutional, but it was permitted to take effect during the state Supreme Court’s consideration of the case.
Texas Republican Attorney General Ken Paxton tweeted after the ruling that his office “will use every tool at our disposal to ensure that doctors and medical institutions follow the law.”
The groups who filed the lawsuit criticized the ruling as harmful to transgender children and their families.
“It is impossible to overstate the devastating impact of this ruling on Texas transgender youth and the families that love and support them,” Karen Loewy, senior counsel and director of Constitutional Law Practice at Lambda Legal, which was one of the groups that sued the state on behalf of doctors and families, told The Associated Press.
ACLU of Texas’ policy and advocacy strategist for LGBTQIA+ rights, Ash Hall, said the government should not “deprive trans youth of the health care that they need to survive and thrive,” adding that “Texas politicians’ obsession with attacking trans kids and their families is needlessly cruel.”
Gender transition treatment for transgender children is supported by major medical organizations, including the American Medical Association, the American Academy of Pediatrics, the American Psychiatric Association and the Endocrine Society.
BRAGG’S OFFICE FACES BAR COMPLAINT ALLEGING DISCRIMINATION IN ‘DIVERSITY’ HIRING PRACTICES
One justice dismissed the medical groups’ position as irrelevant to whether the Texas law is constitutional.
“The fact that expert witnesses or influential interest groups like the American Psychiatric Association disagree with the Legislature’s judgment is entirely irrelevant to the constitutional question,” Justice James Blacklock wrote in a concurring opinion. “The Texas Constitution authorizes the Legislature to regulate ‘practitioners of medicine.’”
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In a lower court hearing, several doctors who treat transgender children testified that patients could face deteriorating mental health that could potentially lead to suicide if they are denied gender transition treatment.
Texas officials said the law was needed to protect children and pointed to several other restrictions for minors intended to keep them safe, including when it comes to tattoos, alcohol, tobacco and certain over-the-counter drugs.
The Associated Press contributed to this report.
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