Texas Supremes make correct call on Abbott veto ruling

The Texas Supreme Court has ruled that Abbott's veto of the legislative budget is constitutional.

Of course it is.

I TOTALLY did not understand Texas Dems thinking otherwise. It's NOT some violation of separation of powers. After all, the Lege drafts the budget for executive and judicial branches. The same is true at the federal level. If Joe Biden wanted to veto a bill that included pay for Congressional staffers, it would be totally constitutional, and totally legal, assuming some federal law doesn't block that.

Kuff's sneers are also wrong. The opinion was unsigned just like a U.S. Supreme Court "per curiam" is unsigned, and for similar reasons. Cornell Law has a bit more on per curiams. If the likes of Kuff are the best that Texas-level #BlueAnon blogging can do on this issue, it's in trouble. It's in the same trouble that leads the Texas Democratic Party to keep Gilberto Hinojosa in power year after year.

The reality is that, with claims like Abbott was trying to "abolish the Legislature," the filing itself was the eyebrow-raiser and over the top from the start.

 

And, it was enough an eyebrow-raiser that the Texas Supremes only needed a per curiam. Both links note that such rulings (though sometimes abused) are normally for matters that are considered non-controversial and not needing a full review. The links also note that per curiams are used by en banc appellate courts at the federal level and fairly common in at least a few states.

Meanwhile, a state district court has ruled that Strangeabbott, at least before Aug. 20, cannot arrest Texas House Dems who skedaddled to block his first and second special sessions. The Supremes have now blocked that.

The future looks yet more interesting. First, per that last link, the Texas House was within 5 members of a quorum Tuesday. Resistance may or may not be futile (it currently is if you're depending on Joe Manchin and Kyrsten Sinema to end the filibuster to pass a federal voting rights bill), but it is indeed crumbling. And, a work-around has extended legislative staff funding through September.

This state Supremes ruling would also seem to be the right one, even if Texas Rethuglicans are draconian. State constitutions and/or legislative rules of organization in general allow compulsion of attendance. So does the US government, made most famous to us history buffs by Thomas "Czar" Reed as 1890s Speaker of the House.

Once again, Texas Dems, win some more elections. Fire Gilberto Hinojosa if you don't. Until then, deal with it.