Category Archives: Second Amendment

Filled with pride and vaccine

Re: UCHealth plans Coors Field vaccine clinic, Jan. 23 news story

Hats off to UCHealth! I was one of a thousand people selected to participate in the trial run of the Coors Field drive-through vaccination program. It was superbly organized and exceptionally efficient. I left my house at 10:20 a.m. and returned home, properly vaccinated and documented, at 11:25 a.m. The people who helped me were well informed, helpful, and cheerful.

This is how all our public agencies should work organized, thoughtful, and service-oriented. Ive always been proud to be a Coloradan, never more so than today.

Travis White, Denver

I write to urge the Senate to end the filibuster. It is undemocratic, with a small d. It is estimated that the 50 Senate Democrats represent 41.4 million more American citizens than the 50 Republican Senators do.

The filibuster gives the Republicans effective control of the Senate. The Republican Senators have already made it starkly clear that they plan to continue their obstruction of good governance, despite having lost the presidency, the Senate, and the House.

The Democrats must play hardball and end the filibuster or the countrys legislation will continue to stagnate in the Senate chamber. Unfortunately, good guys finish last.

Antoinette Tadolini, Brighton

To begin, I am not a crackpot; I am not a kook; I am not a brainwashed member of some cult, white supremacist or militia group, and I dont condone what happened at the Capitol. But I did twice vote for Donald Trump.

I did not vote for him because I liked his personality, manner of speech, narcissism, tweets, or his offhand comments I didnt. I voted for Trump because I agreed with him (in no particular order) that: 1) We need to attempt to have some semblance of control over who and what enters our country across our borders this has nothing to do with race and everything to do with our safety and sovereignty; 2) we need to even up trade agreements with other nations; 3) I believe we can address environmental issues without the radical green deal agenda which will wreck our economy; 4) I am against socialized medicine; 5) I am against the growth of socialism in general in our country; 6) I believe in our constitutional rights, including the Second Amendment and especially the First Amendment not cancel the cancel culture; 7) I believe the swamp does need to be drained. Space limits more examples.

I will support Trump, if he gets a chance to run again, or any other candidate who would promote these ideas. I am tired of the name-calling and accusations of insanity thrown at me by the left. I will not apologize for my beliefs.

Alan Thomas, Denver

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Letters: Filled with pride and vaccine (1/27/21) - The Denver Post

Former President Donald Trump (R) and former Senate majority leader Mitch McConnell (R-Ky.) walk to a lunch with Senate Republicans on Capitol Hill in October 2017. (Drew Angerer / Getty Images)

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History is likely to remember the days following the Capitol riot of January 6 as the last, best chance the Republican establishment had to break Donald Trumps hold on their party. In the immediate aftermath of the shocking events, Republican leaders like Mitch McConnell seemed on the verge of breaking with Trump. Fomenting a mob that attacked Congress seemed too much even for lawmakers who had hitherto forgiven Trumps every transgression. McConnell even described the event as a failed insurrection.1

If an impeachment process had been rushed through immediately, its possible that some significant body of congressional Republicans would have supported punishing Trump. Instead, impeachment took a week as congressional Democrats called on Vice President Mike Pence to use the 25th Amendment. The extra time was more than enough for Republican lawmakers to have second thoughts as they were inundated by pro-Trump voices from the right-wing media and from their base. As it turned out, only 10 Republicans in the House of Representatives voted to impeach. On Tuesday, only five Republicans in the Senate supported moving the impeachment to a trial. Its possible, although unlikely, that more than five will vote to find Trump guilty. More probable is that the five who supported the trial will be the only ones to vote to convict.2

Trumps second impeachment has had the perverse effect of demonstrating that hes still the top man of the GOP, the figure that can violate the most fundamental principles of democracy and still have the support of the vast majority of the party, including lawmakers. As Philip Bump of The Washington Post notes,3

What the vote Tuesday suggests is that there are only five Republicans whove consistently indicated their opposition, first, to Trumps effort to undermine the results of the 2020 election and, second, to his behavior and rhetoric before the riot. Sens. Susan M. Collins (R-Maine), Lisa Murkowski (R-Alaska), Mitt Romney (R-Utah), Ben Sasse (R-Neb.) and Patrick J. Toomey (R-Pa.) all supported moving forward with the trial, having previously opposed the effort to block the counting of electoral votes from Arizona and Pennsylvania and, more broadly, having rejected the efforts by Sens. Ted Cruz (R-Tex.) and Josh Hawley (R-Mo.) to finagle a lawyerly way to bolster Trumps effort to overturn the election.4 MORE FROM Jeet Heer

There are other signs that the GOP remains Trumpist. On Monday night, the Oregon GOP issued a statement condemning the 10 congressional Republicans who voted to impeach Trump. The statement decried these lawmakers as traitors and described the January 6 riot as a false flag operation. Many other state Republican parties are going down the same path. As Politico noted on Tuesday, the Pennsylvania GOP is now a bastion of Trump loyalists.5

On Monday, Sarah Sanders, former press secretary for the Trump White House, announced she was running for governor of Arkansas. Sanders is a viable candidate only because of her role with Trump, Washington Post columnist Henry Olsen argued. That fact shows how important Trumps backing is for many in todays GOP. Trump has already endorsed her, touting her support for borders, law and order, and the Second Amendment. Even though she is running against two Republicans elected to statewide office, Lt. Gov. Tim Griffin and Attorney General Leslie Rutledge, Sanders is considered the one to beat because of her national prominence.6

Trumps continued popularity with the Republican base extends to support for his actions in trying to overturn the election results. Also writing in The Washington Post, Greg Sargent contended that large majorities of Republicans are very much on board with much of what Trump has done. Sargent cited a Post/ABC News poll to support his case. The results are striking:7

Given these results, its not surprising that that so few Republican lawmakers are willing to break ranks with Trump.8Current Issue

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The anemic GOP support for impeachment comes at the same time that Senate minority leader McConnell has shown he is still fully committed to using all the tools available to obstruct the Biden administration. Emotionally, the GOP remains the party of Trump. Institutionally, it is the party of McConnell.9

A party dominated by Trump and McConnell is not likely to be swayed by Joe Bidens calls for unity. Democrats might continue the unity rhetoric for political effect and as a way to win moderate voters, but as a viable political strategy it is already dead in the water.10

A path more likely to succeed is to use Trump as anchor to weigh down the Republicans. Instead of calling on Republicans to move past Trump, the Democrats could tar the GOP for its continued Trumpism. With Congress under Democratic control, continued investigations into Trumps misdeeds are a priority. Trumps corruption could be kept in public view and Republicans could be forced to defend it.11

Trump will almost certainly remain a power in the GOP, either as a kingmaker or, quite possibly, as the 2024 presidential nominee. Given this possibility, the best move for the Democrats is to hammer away at the fact that the GOP is the party of Trump. Trump remains massively unpopular with the general public and there is no reason not to use that unpopularity as a political weapon.12

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Its Still Trumps PartyGOP Cant Cry Even if They Want To - The Nation

Grand Rapids A Hartland Township man pleadedguilty Wednesday to plotting with several others to kidnap Gov. Gretchen Whitmer, securing the first conviction in a high-profile case involving violent extremism in Michigan.

The conviction of Ty Garbin, 25, in federal court came as the Department of Homeland Security issued anational terrorism bulletinWednesday warning of the potential for lingering violence from people motivated by anti-government sentiment. In Garbin's case, he was accused of being motivated by anger overstate restrictions on travel and business during the COVID-19 pandemic.

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The court hearing unfolded more than seven hours ahead of Whitmers annual State of the State address and the plea deal provided new details about how prosecutors say conspirators practiced to abduct the governor and restrain her with a Taser and zip ties.

Garbin has agreed to fully cooperate with the FBI, U.S. Attorneys Office, Michigan State Police and Attorney Generals Office in ongoing investigations and cases in federal and state court, according to the plea deal. He also has agreed to submit to polygraph tests and testify against the others charged in the kidnap plot.

It might mean someday you are called to the courtroom and obligated to tell the truth even if it ends up hurting people you know. Do you think you could do that? U.S. District Judge Robert Jonkerasked Garbin.

I could, your honor, said Garbin, wearing a forest green prison jumpsuit, black-framed glasses and shackles on his hands and legs as he sat with three defense lawyers.

The kidnapping conspiracy charge is punishable by up to life in federal prison, and Garbin will be sentenced on July 8.

Behind Garbin,the audience inside the courtroom was thin, with the benches dotted largely with federal agents, reportersand courthouse security. Amid heightened concerns about the pandemic, Garbins family was unable to attend in person and instead watched an online feed.

The plea deal comes after prosecutors revealed they were armed withhundreds of hours of undercover audio recordings, surveillance video, help from multiple informants including fellow militia members undercover FBI agentsand more than 13,000 pages of encrypted text messages.

The evidence motivated Garbin to plead guilty, his lawyer, Mark Satawa, told reporters outsidefederal court.

Our client is willingly ... pleading guilty here in a sense that he feels it's the right thing to do, Satawa said.

This is about our client saying:'Look, I need to own up to what I did. It was wrong. I'm accepting responsibility. I'm sorry for having done it.' And he is doing that with eyes wide open."

The development comes two weeksafter Garbin was ordered to stand trial March 23 alongside five others accused in the kidnapping plot. Garbin was arrestedthree months ago, and the FBI said agents hadthwarted the kidnapping plot.

After Garbin pleaded guilty Wednesday, lawyers for the remaining defendants asked for the trial to be delayed until September, citing the volume of evidence and list of cooperating witnesses that now includes Garbin.

Garbin's former co-defendantsare charged withconspiracy to commit kidnapping, a felony punishable by up to life in prison. Eight others are facing terrorism-related charges in state court.

The potential for additional charges also influenced Garbins decision to plea guilty, Satawa said, including a possible weapons of mass destruction charge. Garbin would have faced significantly higher sentencing guidelines under a weapons of mass destruction chargethan the kidnapping conspiracy charge, his lawyer said.

Our client stepped to the podium first and said, this is wrong and I'm willing to take punishment for it, Satawa said. It's hard to imagine anything else that could indicate true remorse than accepting that.

The conspiracy described by FBI agents involved surveilling Whitmer's vacationhome in northern Michigan and training withfirearms and improvised explosive devices.

Co-conspirators are accused of discussing kidnapping Whitmer and leaving her in the middle of Lake Michigan. They also allegedly discussed "taking out" a second politician, Virginia Gov. RalphNortham, and targeting other elected officials, including former President Donald Trump.

Defense lawyers have portrayed their clients as toughtalkers who were exercising their FirstAmendment rights who never carried out any kidnapping plot.

Brandon Caserta fires a weapon while training with other accused members of a plot to kidnap Gov. Gretchen Whitmer.(Photo: U.S. Attorney's Office)

The FBI portrayed Garbinin court filings as a willing participant in planning an attack on Whitmer at the vacation home in northern Michigan, hosting training sessions at his rural property in Luther and helping build an improvised explosive device comprised of black powder, balloons, a fuse and BBs for shrapnel.

He used emojis in one private chat while suggesting to blow up a bridge near the property to hinder law enforcement and joined a nighttime surveillance run at the governors vacation home, according to the FBI.

Prosecutors accused Garbin of training for an attack to overthrow the government, and suggestedshooting up the governors vacation home,according to FBI Special Agent Richard Trask.

He said he was cool with going after the governors vacation home, however, even if it only resulted in destruction of property, the agentwrotein an affidavit. Garbin offered to paint his personal boat black to support the surveillance of the vacation home from the lake where the vacation home is situated.

FBI agents raided this secluded camp on October 7, 2020 in Luther, MI used by militia members for planning, explosives detonation, and other weapons training in connection with a plot to kidnap Governor Whitmer.(Photo: Chris duMond, Special to the Detroit News)

As a convicted felon, Garbin won't be permitted to possess firearms.

I understand firearms have been a focus of yours, the judge told Garbin on Wednesday. But they wont be."

Garbin and three others, Lake Orion resident Daniel Harris, Waterford Township resident Kaleb Franks and Canton Township resident Brandon Caserta were members of the Wolverine Watchmen, a self-styled militia group based in Michigan, according to the plea deal.

Garbin will admit he met another accused kidnap plotter, Adam Fox of Potterville, at a Second Amendment Rally outside the state Capitol in June, prosecutors said. Fox wanted to recruit 200 people to storm the Capitol, capture politicians, put them on trial for treason and hang them on live television, according to the government.

The plea deal includes new details about the alleged plot. In an encrypted chat Sept. 19, Fox told Garbin and others that he was preparing the basement of a vacuum cleaner supply shop near Grand Rapids so the group could train to kidnap Whitmer.

That sounds pretty tight, Caserta texted the group, according to the plea deal.

Fox said he had a Taser and zip ties, which would be good for neutralizing the governor, according to the plea deal.

During the Wednesday hearing, Garbin's voice grew shakieras the judge started to explain some aspects of the conviction.

"I understand, your honor," Garbin said, his voice breaking.

Garbin later became louder and more assertive, at one point correcting an error in the plea deal involving items seized by investigators.

Another member of Garbin's legal team, attorney Gary Springstead, declined to detail specific leverage their client might have offered prosecutors, but he acknowledged having witnesses is always critical for the government in this type of case.

In addition to having informants, you also want to have other people who can tell the story and kind of round out the picture that may not have been captured ... between an accused and an undercover agent, Springstead said.

rsnell@detroitnews.com

Twitter: @robertsnellnews

Associated Press contributed.

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Accused Whitmer kidnap plotter pleads guilty, will 'fully cooperate' - The Detroit News

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It will be chilly today, with highs staying in the upper 20s. Cloudy skies are expected and there are slight chances of snow showers during the morning and in the evening. Temps will dip to about 19 overnight, again with slight chances of snow showers. Read more.

Jail site: While a committee considered locations for a new Cuyahoga County jail, County Executive Armond Budish secretly asked consultants to target possible sites in East Cleveland, Courtney Astolfi reports. A consultants list included two sites in East Cleveland a former dump and another site that would require uprooting about 70 homeowners that dont appear to meet key criteria approved by committee members in November. While committee members criticized the maneuvering, Budishs chief of staff said the final site selection will be made by the committee.

Acton for Senate?Dr. Amy Acton, the popular former director of the Ohio Department of Health, is considering a run for U.S. Senate, multiple sources confirmed tocleveland.com/The Plain Dealer. Acton, a Democrat, was a mainstay during the early stages of the pandemic, holding a featured role during Republican Gov. Mike DeWines daily press briefings. Acton resigned as head of ODH in June following DeWines decision to loosen coronavirus restrictions and rapidly reopen the state.

This Week in the CLE: U.S. Sen. Rob Portman wont run for re-election when his term is up in two years. But why not? Why announce now, and who wants to replace him? Were discussing on This Week in the CLE, cleveland.coms daily half-hour news podcast.

FirstEnergy campaign: Mailers blanketed many Cleveland neighborhoods in late 2018, telling residents in bold letters that Cleveland Public Power rates were unfair and unjust. City officials say the mailings were part of a larger plan by FirstEnergy to end its competition in Cleveland, John Caniglia reports. Now, City Council President Kevin Kelley is studying whether to file subpoenas to discover whether other dark money from House Bill 6 flowed to Cleveland.

A total of 2,964 coronavirus patients were hospitalized in Ohio on Tuesday, down 44% from a record 5,308 on Dec. 15.Rich Exner, cleveland.com

New numbers: Ohio added 4,262 coronavirus cases on Tuesday, below the 21-day rolling average of 6,567. Laura Hancock reports 88 more coronavirus deaths were added, above the average of 77.

COVID curfew: Ohios 10 p.m. to 5 a.m. statewide curfew could be shortened starting as soon as Thursday, then lifted entirely a few weeks later, depending on whether the number of COVID-19 hospitalizations continues to fall, Jeremy Pelzer reports. Gov. Mike DeWine said that if Ohio has seven straight days where the number of coronavirus hospitalizations statewide remains below 3,500, he will push back the start of the daily curfew to 11 p.m.

Extra doses: More older Ohioans will be vaccinated sooner than previously expected, thanks to counties needing fewer doses because theyve finished up with healthcare workers in the 1A group. Laura Hancock reports that half of nursing home employees also have declined vaccines. Thousands left over will be given instead to members of the 1B group.

School vaccines: Some Ohio schools that requested coronavirus vaccines will start receiving them ahead of the Feb. 1 anticipated start date, Emily Bamforth reports. Gov. Mike DeWine said vaccination would begin in Cincinnati Public Schools on Thursday.

Cleveland schools: Cleveland schools CEO Eric Gordon shared a comprehensive plan for school staff vaccination, as well as the staff of city private and charter schools, Emily Bamforth reports. Cleveland schools vaccination plan includes two sites, one at East Technical High School and one at Max S. Hayes High School. These sites will have six lanes for staff to move through, with CSMD nurses administering the vaccine.

Internet access: Cleveland schools will allow nonprofit DigitalC, which is working to increase internet access in underserved areas of the city, to install antennas on certain school buildings to boost coverage. DigitalC is a low-cost internet option available in certain areas of Cleveland and is free to CMSD families. The school district pays a discounted fee of $16 a month per household for the service, Emily Bamforth reports.

Per-student spending: As Ohio continues to search for a solution to a an education funding formula declared unconstitutional by the state Supreme Court, the states auditors office claims that spending-per-pupil in districts is not closely correlated with student success. Emily Bamforth reports the conclusion does not factor in socioeconomic data that might affect student performance.

Second amendment: An Ohio lawmaker is preparing to introduce a proposed Second Amendment Sanctuary State Act, designed to nullify any gun-control measures put into place by the Biden Administration. Jeremy Pelzer reports that the legislation is based on similar bills passed in Alaska, Idaho, Kansas and Wyoming and comes as several counties in Ohio have made similar declarations.

Sen. Rob Portman, R-Ohio, on Tuesday joined 44 other Republicans in supporting an effort by Kentuckys Rand Paul to reject the constitutionality of impeaching former President Donald Trump. (Graeme Jennings, Associated Press file photo)AP

Impeachment vote: A vote on Tuesday showed the difficulty that impeachment advocates will have in convincing Republicans, including Ohios Rob Portman, to support impeaching former President Donald Trump when the case goes to trial next month before the U.S. Senate. Sabrina Eaton reports Portman joined 44 other Republicans in supporting an effort by Kentuckys Rand Paul to reject the procedures constitutionality on the grounds that Trump is no longer in office and that Senate president pro tempore Patrick Leahy, a Vermont Democrat, will preside over the trial instead of Supreme Court Chief Justice John Roberts.

Cleveland bribery: Federal prosecutors accused the owners of a Wickliffe demolition company of paying more than $1,500 in cash bribes to a Cleveland official to gain faster inspections and other help, John Caniglia reports. Authorities say Gwen and Joseph Tucceri III of R Demolition worked with Rufus Taylor, the former demolition bureau chief for the city, over the course of 18 months.

Body cams:Cleveland.com and The Plain Dealer on Monday filed a claim against the city of Cleveland, which refused to release police body camera video of two officers charged in connection with their actions during a hit-and-run traffic crash investigation. Adam Ferrise reports the claim in the Ohio Court of Claims asks to review body camera video of officers Harvey Andrekovic and Jason Rees, who face misdemeanor charges of interfering with civil rights, dereliction of duty and obstructing official business for their actions on Aug. 22.

Civil rights: A downtown Cleveland resident arrested while trying to pick up groceries he ordered during the curfew that followed the May 30 riot has filed a civil rights lawsuit against the city of Cleveland and the group of officers who arrested him. Cory Shaffer reports Mehdi Mollahassani showed Cleveland police his ID, a pay stub with his East Ninth Street address and his digital grocery receipt on his cellphone as proof. He also told the officers that he was not a looter. A sergeant replied, You look like one.

Frank Q. Jackson: Parma police released video of its officers encounter early Sunday with the grandson of Cleveland Mayor Frank Jackson. Olivia Mitchell reports the video released by Parma police shows two different angles of the traffic stop and ensuing pursuit involving Frank Q. Jackson that began just after midnight on Sunday at State Road.

Online colleges: Ohio State University generally topped the rankings for online Ohio schools, though the University of Cincinnati took the top spot for online masters in business administration programs in the U.S. News & World Report 2021 rankings. Emily Bamforth reports that the online consumer magazine changed its definition of online program to the vast majority of required coursework for program completion is able to be completed via distance education courses.

Co-working: A Columbus company plans to turn the former site of Maggianos Little Italy and H&M at the Beachwood Place mall into a co-working space, complete with a brewpub. Eric Heisig reports that the two-story Cedar Road space would include a podcast studio, gaming areas, a golf simulator and amenities.

Supreme Court: A lawyer argued Tuesday before the Ohio Supreme Court that Volkswagen should pay the state hundreds of billions of dollars in penalties for the automakers 2015 emissions cheating scandal. Jeremy Pelzer reports that Volkswagens attorney argued that if Ohio wins the lawsuit, it would create regulatory chaos for the auto industry and might open the company to lawsuits from other states, as well as thousands of local governments, for intentionally violating clean-air laws.

Vaccine rollout: Ohios vaccine rollout for people 75 and older is getting smoother, but still has a few bumps. The elderly and their caregivers continue to be frustrated by a system requiring them to look up vaccine providers on their own to make arrangements. But once they make the appointment, readers say the vaccination process itself is easy, Julie Washington reports.

Ice cover: Lake Erie is normally about half frozen by now. But this year, with above-average temperatures, ice covers only about 8.8% of the lake, mostly in the shallow western basin. Alexis Oatman reports Cleveland will continue to see lake-effect clouds and snow for the near future.

Tax credit: A state board awarded a job creation tax credit worth an estimated $1.1 million to Brecksville-based CrossCountry Mortgage, which agreed to create 180 new jobs with an annual payroll of $9 million as part of its plans to relocate its headquarters to a historic cluster of buildings between East 21st and East 22nd streets in downtown Cleveland. Eric Heisig reports the Ohio Tax Credit Authority on Monday gave the OK to a 1.655% credit for eight years.

Rapid Response: The Greater Cleveland COVID-19 Rapid Response Fund has awarded another $237,000 in seven grants to support the residents in Cuyahoga, Lake, and Geauga counties during the COVID-19 pandemic. The fund has distributed more than $8.6 million to organizations on the frontlines of the coronavirus pandemic, Alexis Oatman reports.

Travel policy: A new U.S. government policy requires all incoming travelers to the United States to show proof of a negative COVID test. Susan Glaser examines how the change will affect Northeast Ohio travelers.

Culturally speaking: Cleveland.coms sister site, Conde Nast Traveler, asked a panel of 50 people from 50 different states to name a word or phrase their neighbors tend to pronounce differently from the rest of the nation.

Seafood boils: The Cajun culinary tradition of seafood boils involves bringing together various types of seafood and sides in a platter, with spicy or buttery flavoring mixed in. Anne Nickoloff has 10 Northeast Ohio places where you find such a feast.

72 new confirmed cases of COVID-19 coronavirus, one new death reported in Cleveland: Tuesday update Read more

Can I still get my second dose of coronavirus vaccine if I develop COVID-19 symptoms after the first? Read more

North Olmsted man suspected of stealing Shop With A Cop checks Read more

Federal marshals arrest 2 suspects in slaying of Cleveland woman Read more

Cleveland Rape Crisis selects Teresa Stafford as chief program officer Read more

Four Solon Schools staff members test positive for COVID-19 since Friday Read more

Beachwood now offering residents a free COVID Care Package Read more

Cleveland Heights teens Cakes for Cancer book raises money for research Read more

Cleveland Heights League of Women Voters weighs in on 10-month City Council vacancy Read more

Political firestorm erupts after Brecksville councilwoman, planning commissioner sign letter supporting Trumps election fraud claims Read more

Brecksville-based Republican club denies it planned protest trip to Washington D.C. Jan. 6 Read more

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Cuyahoga County Executive Armond Budish secretly maneuvered to add East Cleveland sites into contention for n - cleveland.com

Posted Fri, January 15th, 2021 1:41 pm by Andrew Hamm

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether Facebook plug-ins violate the Wiretap Act and whether the Second Amendment protects an individuals right to possess firearms outside the home or after a conviction for a nonviolent offense.

Passed in 1968, the Wiretap Act makes it unlawful for someone to intentionally intercept[] any wire, oral, or electronic communication, unless that person is a party to the communication. Facebook users brought a class action alleging that the tech company violated the Wiretap Act between 2010 and 2011. Specifically, the users claim that Facebook plug-ins on different websites allowed Facebook to gather URL data even when they were logged out of Facebook, which the users contend was an unlawful interception. The district court dismissed the case on the ground that Facebook was a party to the communication. Acknowledging a circuit split, the U.S. Court of Appeals for the 9th Circuit ruled that the case could proceed. In Facebook v. Davis, the company asks the justices to review and reverse the 9th Circuits decision.

District of Columbia v. Heller held that the Second Amendment protects an individuals right to possess firearms at home. The decision further indicated that longstanding firearms bans for felons were presumptively lawful. Under 18 U.S.C. 922(g)(1), individuals convicted of crimes punishable by over one years imprisonment are barred from possessing firearms. Holloway v. Rosen and Folajtar v. Barr ask whether applications of the ban to nonviolent offenders violate the Second Amendment. Raymond Holloway cannot possess firearms because of a misdemeanor conviction for driving under the influence. Lisa Folajtar is barred because of a felony conviction for willfully making a materially false statement on her tax returns.

In Holloways case, the district court ruled that the ban was unconstitutional as applied to Holloway, who argued that he was not the type of unvirtuous citizen who has historically been disarmed because, among other things, his offense was a nonviolent misdemeanor for which his sentence was less than one year. The U.S. Court of Appeals for the 3rd Circuit disagreed, determining that Holloways DUI was serious enough to consider him an unvirtuous citizen. In Folajtars case, both the district court and the 3rd Circuit rejected her argument that her nonviolent crime was not serious enough for the ban. Both petitions ask the Supreme Court to reverse the decisions below and to clarify the standards for when presumptively lawful felon-possess bans rise to a Second Amendment violation.

Heller also left unresolved the extent of Second Amendment protections outside the home. In New York State Rifle & Pistol Association Inc. v. Corlett, Robert Nash and Brandon Koch applied for New York licenses to carry firearms outside the home. The licensing officer denied their requests after determining that, under New York law, they had failed to show proper cause to carry a firearm in public for the purpose of self-defense, because [they] did not demonstrate a special need for self-defense that distinguished [them] from the general public. Nash, Koch and the New York State Rifle & Pistol Association ask the Supreme Court to take their case because the lower courts are split over the strength of Second Amendment protections outside the home.

These and otherpetitions of the weekare below:

Facebook Inc. v. Davis20-727Issue: Whether an internet content provider violates theWiretap Actwhen a computer users web browser instructs the provider to display content on the webpage the user visits.

Bognet v. Boockvar20-740Issues: (1) Whether the petitioners, four individual voters and one congressional candidate, have standing to raise their elections clause, electors clause and equal protection clause claims; (2) whether the Pennsylvania Supreme Court usurped the Pennsylvania General Assemblys paramount authority from the Constitution to direct [the] Manner for appointing electors for president and vice president and to prescribe [t]he Times, Places and Manner for congressional elections; (3) whether the Pennsylvania Supreme Courts extension violates the petitioners right to have their votes counted without dilution and their right not to have their votes treated in an arbitrary and disparate manner under the equal protection clause; and (4) whetherPurcell v. Gonzalezcounsels against enjoining unconstitutional usurpations of authority to regulate federal elections by state courts and executive branch officials.

Confederated Tribes and Bands of the Yakama Nation v. Yakima County, Washington20-753Issue: Whether the United States can change the scope of its re-assumption of Pub. L. 83-280 jurisdiction over crimes involving Indians in Indian Country years after the re-assumption became effective under25 U.S.C. 1323without the Yakama Nations prior consent required by25 U.S.C. 1326.

Serrano v. U.S. Customs and Border Protection20-768Issue: Whether, when the government seizes a vehicle for civil forfeiture, due process requires a prompt post-seizure hearing to test the legality of the seizure and continued detention of the vehicle pending the final forfeiture trial.

Holloway v. Rosen20-782Issue: Whether a lifetime firearms prohibition based on a nonviolent misdemeanor conviction violates the Second Amendment.

Servotronics Inc. v. Rolls-Royce PLC20-794Issue: Whether the discretion granted to district courts in28 U.S.C. 1782(a)to render assistance in gathering evidence for use in a foreign or international tribunal encompasses private commercial arbitral tribunals, as the U.S. Courts of Appeals for the 4th and 6th Circuits have held, or excludes such tribunals without expressing an exclusionary intent, as the U.S. Courts of Appeals for the 2nd, 5th and, in the case below, the 7th Circuit, have held.

Houston Community College System v. Wilson20-804Issue: Whether the First Amendment restricts the authority of an elected body to issue a censure resolution in response to a members speech.

RollinsNelson LTC Corp. v. United States, ex rel. Winters20-805Issue: Whether theFalse Claims Actrequires pleading and proof of an objectively false statement.

Folajtar v. Barr20-812Issue: Whether18 U.S.C. 922(g)(1), which permanently prohibits nearly all felonseven those convicted of nonviolent crimesfrom possessing firearms for self-defense, violates the Second Amendment, as applied to an individual convicted of willfully making a materially false statement on her tax returns.

New York State Rifle & Pistol Association Inc. v. Corlett20-843Issue: Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense.

Posted in Facebook Inc. v. Davis, Bognet v. Boockvar, Confederated Tribes and Bands of the Yakama Nation v. Yakima County, Washington, Serrano v. U.S. Customs and Border Protection, Holloway v. Rosen, Servotronics Inc. v. Rolls-Royce PLC, Houston Community College System v. Wilson, RollinsNelson LTC Corp. v. U.S., ex rel. Winters, Folajtar v. Barr, New York State Rifle & Pistol Association Inc. v. Corlett, Featured, Cases in the Pipeline

Recommended Citation: Andrew Hamm, Petitions of the week: Three Second Amendment petitions and a Wiretap Act claim against Facebook, SCOTUSblog (Jan. 15, 2021, 1:41 PM), https://www.scotusblog.com/2021/01/petitions-of-the-week-three-second-amendment-petitions-and-a-wiretap-act-claim-against-facebook/

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Petitions of the week: Three Second Amendment petitions and a Wiretap Act claim against Facebook - SCOTUSblog

Austin, TX, January 15, 2021 One year ago, a wave of Texas counties began declaring that they were Second Amendment sanctuaries.

Now Governor Greg Abbott has said that he wants the entire state to be a gun rights haven.

I want to make sure that Texas becomes a Second Amendment sanctuary state so that no government official at any level can come and take your gun away from you, despite those people who said, Heck yes, were going to take your gun, said Abbott during the Texas Public Policy Foundations 2021 Policy Orientation.

Were gonna say, Heck no, you cannot take peoples guns away in Texas, said Abbott in a self-censored reference to Beto ORourkes quip during his presidential campaign.

Though ORourkes line on the debate stage in Houston was meant to rally support from pro-gun control voters, it roused the concerns of pro-Second Amendment supporters.

While a handful of Texas counties had already passed resolutions declaring that they would not authorize the enforcement of any law that violates the state or federal constitutional protection of guns, the measure gained much more traction after ORourkes comment.

By early 2020, commissioners in over 60 counties often with the support of the county sheriff had passed some sort of Second Amendment sanctuary resolution.

Though the number of counties to adopt the pro-gun measure came to a halt as the world shifted its focus to the coronavirus pandemic last March, gun sales have boomed to record highs based on firearm background check statistics.

With the Texas legislature now convened for its regular session, state lawmakers will now be debating the gun policies.

Dozens of bills have been filed by legislators on both sides of the political aisle, with Republicans aiming to bolster firearm protections and Democrats pushing for increased gun control.

Two lawmakers have filed versions of the Texas Firearm Protection Act a bill that then-Attorney General Greg Abbott helped draft in 2013.

Out of the gun legislation that has been brought forward so far, the Texas Firearm Protection Act is the most similar to the idea of a Second Amendment sanctuary.

Both bills Rep. Steve Toths (R-The Woodlands) House Bill (HB) 112 and Rep. Ben Lemans (R-Anderson) HB 919 would prohibit law enforcement from enforcing federal measure that purports to regulate a firearm, a firearm accessory, or firearm ammunition if the statute, order, rule, or regulation imposes a prohibition, restriction, or other regulation, such as a capacity or size limitation, a registration requirement, or a background check, that does not exist under the laws of this state.

Rep. Steve Toth (R-The Woodlands) was one of the five filers of the bill in 2013 and filed it again this year.

In an interview after introducing the act again for the 87th Legislative Session, Toth said that the incoming Biden administration has made it very clear that theyre coming after our guns, but that theyre gonna get a big hell no out of Texas.

I have a zero tolerance policy to prevent the erosion of our gun rights by the left and I will not stand for an oppressive federal government that systematically disarms our citizens, said Leman when he introduced his bill.

In 2013, the Texas House of Representatives passed Toths bill with a 100 vote supermajority after its third reading, but the bill died in the state Senate.

How the legislation will fare this year has yet to be seen, but with Democratic control of the U.S. House of Representatives, exactly half of the U.S. Senate seats, and the White House, there is sure to be an appetite among many Republicans in Texas to push back against the federal government.

That includes Abbott, who is rumored to be considering a run for the presidency and emphasized his priority of focusing on the Tenth Amendment during his discussion at TPPFs event.

I still hold a record that will never be broken by anybody, said Abbott. I hold the record for the most lawsuits filed against Barack Obama 31 legal actions against him.

We had to because the actions he was taking trampled upon Texas liberties based upon the Tenth Amendment. We need to go back to the fundamentals of the Tenth Amendment and reassert that against any potential encroachments that we see under the Biden administration.

See the original post here:
Governor Abbott Says Texas Should Be a Second Amendment Sanctuary - The Texan

The State Capitol in Richmond, Va., and the square in front of the building were secured with fencing and boards on Friday.Credit...Brian Palmer for The New York Times

RICHMOND, Va. Police officers have shut down the square around Virginias Capitol and plan to close streets in downtown Richmond on Sunday and Monday in an attempt to discourage the kind of violent mob that surged through the nations Capitol in Washington on Jan 6.

State capitals across the country were on high alert following an F.B.I. bulletin last week warning of planned violence against the government, but concerns were particularly high in Richmond. This weekend is also the anniversary of a major gun rights protest that drew about 22,000 people to the state Capitol last year, most of them armed.

The protesters massed last year on Martin Luther Kings Birthday, which is a traditional day for Virginia residents to lobby the state legislature at the beginning of its term. The authorities braced for the possibility of violence, fueled by reports that white supremacists, armed militia groups and other extremists planned to attend the rally. But in the end, the police reported no major incidents or violence and announced only one arrest.

City and state authorities have said they are prepared for any disruptions this year, and officials put the city under a state of emergency. If you come here and act out, Virginia will be ready, Gov. Ralph Northam said on Thursday.

State legislators are not convening at the Capitol for this years General Assembly session because of coronavirus concerns. Instead, the State Senate is meeting at the Science Museum of Virginia, where there is room to spread out their desks, and the House of Delegates has opted for a fully remote session.

The authorities said their primary focus will be monitoring a rolling caravan of Second Amendment supporters who plan to drive through the city on Monday, in a pandemic-era version of last years rally. Both years events were planned by the Virginia Citizens Defense League, a gun rights organization.

WASHINGTON Military vehicles and police barricades lined the streets of the nations capital and surrounded statehouses across the country on Sunday, as officials braced for pro-Trump protests amid concerns about potential violence or domestic terrorism.

Striving to head off any repeat of the riot less than two weeks ago, when President Trumps supporters breached the Capitol in Washington, D.C., state officials have deployed National Guard troops, shut down statehouse grounds and delayed legislative sessions in response to F.B.I. notices that white supremacists and right-wing extremists could target capital cities across the country.

People posting on right-wing websites and social media have called for supporters to march on Washington and all 50 state Capitols on Sunday, with plans in Washington for a march to end at the White House. In recent days, however, as officials have beefed up precautions, some posters sought to discourage people from turning out, making it unclear what to expect.

In Washington, concerns mounted over the weekend ahead of the presidential inauguration on Wednesday. A militarized green zone grew downtown, as streets were blocked by concrete barricades and military vehicles, and police sirens blared frequently on Saturday. Pentagon officials said that 9,500 National Guard members from 46 states and 3 territories had arrived in Washington by Saturday, and that as many as 25,000 are expected by Wednesday.

Federal officials are vetting hundreds of possible airplane passengers, putting any who have been identified among the violent protesters at the Capitol on Jan. 6 on a no fly list. The Transportation Security Administration added federal marshals on flights and explosive-detection dogs at airports.

State capitals were quiet on Saturday, but many streets around Capitol buildings were heavily policed and militarized, and looked similar to those in downtown Washington Across the country, at least 19 states activated National Guard units.

In Virginia, site of a rally a year ago on Martin Luther Kings Birthday that drew thousands of gun-rights protesters to Richmond and prompted concerns about violent extremism, Gov. Ralph Northam issued a warning: If youre planning to come here or up to Washington with ill intent in your heart, you need to turn around right now and go home.

Potentially violent protests are expected on Sunday and Wednesday in Michigan, where armed and angry demonstrators crowded into the State Capitol in April to protest coronavirus lockdown orders Gov. Gretchen Whitmer has activated the Michigan National Guard, and a six-foot fence has been erected around the Statehouse in Lansing, where windows of state office buildings have been boarded up.

The state Legislature has canceled several sessions scheduled for this week after credible threats were received by Michigan State Police.

Gov. Gavin Newsom of California authorized the deployment of 1,000 National Guard troops and had the State Capitol grounds in Sacramento surrounded with a chain-link fence.

There will be no tolerance for violence, Mr. Newsom said last week, referring to the attack on the nations Capitol. California will take every necessary measure to protect public safely and our democratic principles, and to ensure that those disgraceful actions are not repeated here.

The ragged camps of far-right groups and white nationalists emboldened under President Trump have long nursed an overlapping list of hatreds and goals: Overthrowing the government. Igniting a second Civil War. Banishing racial minorities, immigrants and Jews. Or simply sowing chaos in the streets.

But now they have been galvanized by the outgoing presidents false claims that the election was stolen from him and by the violent attack on the nations Capitol on Jan. 6 that hundreds of them led in his name.

The politicians who have lied, betrayed and sold out the American people for decades were forced to cower in fear and scatter like rats, one group, known for pushing the worst anti-Semitic tropes, commented on Twitter the day after the attack.

The Capitol riots served as a propaganda coup for the far right, and those who track hate groups say the attack is likely to join an extremist lexicon with Waco, Ruby Ridge and the Bundy occupation of an Oregon wildlife preserve in fueling recruitment and violence for years to come.

Even as dozens of rioters have been arrested, chat rooms and messaging apps where the far right congregates are filled with celebrations and plans. An ideological jumble of hate groups and far-right agitators the Proud Boys, Oath Keepers, the Boogaloo movement and neo-Nazis among them are now discussing how to expand their rosters and whether to take to the streets again this week to oppose the inauguration of Joseph R. Biden Jr.

Some, enraged by their failure to overturn the presidential election, have posted manuals on waging guerrilla warfare and building explosive devices.

People saw what we can do, they know whats up, they want in, boasted one message on a Proud Boys Telegram channel earlier this week.

Link:
Protests Today: Live Tracker from Capitol and Across the Country - The New York Times

OA logo 2 wide

Posted: Sunday, January 17, 2021 2:15 am

LETTER TO THE EDITOR: Country is in chaos George PittsFort Stockton Odessa American

In the last five years there have been three attempted political coups to dispose Trump and effect overthrow our government.

The first was the Mueller witch hunt.

The second was the ridiculous impeachment attempt because of simple phone call to a Ukrainian official by Trump, and now, thirdly the rigged, corrupt, and stolen election for Biden by Biden and his ilk.

The courageous and bible-believing founders of our country were rightfully suspicious and a little paranoid about big government (see king George of England). That is why they enacted the second amendment, the right to bear arms. This right was not instituted for rabbit hunting. It was to dispose tyrannical government should it ever occur in our nations future.

Well, it looks like tyrannical government has arrived. What are Trumps voters going to do if the Biden coup occurs on Jan. 20? Roll over and play dead?

This county is full of feckless, weak, docile, and passive, cowards, our founders were strong and God fearing. They preferred death rather than lose their freedom.

Well, this countrys fate is now in the hands of God and the 75 million Trump supporters.

Posted in Letters To Editor on Sunday, January 17, 2021 2:15 am. | Tags: Letter To The Editor

Excerpt from:
LETTER TO THE EDITOR: Country is in chaos - Odessa American

opinion

The right to vote

Gun rights activists often claim the purpose of the Second Amendment is to give the people the means to overthrow the government in the event it becomes tyrannical. Im still waiting to hear who gets to decide when the government crosses that threshold.

Were the armed insurrectionists that stormed the Capitol within their constitutional rights? Was Timothy McVeigh when he blew up the federal building in Oklahoma?

Actually, the weapon the Founding Fathers gave us to defend against a tyrannical government is the ballot box. Thats the weapon Josh Hawley, Ted Cruz, Rick Scott, Kat Cammack, et.al. feared. The right to vote is the weapon they tried to confiscate.

Bob Alexander, Keystone Heights

Lessons in acceptance

A Jan. 9 article referenced the School Boards meeting regarding rezoning to fill the new elementary school. Some parents with children at Chiles Elementary felt that their precious children would somehow suffer if students (apparently less precious) from Terwilliger were to attend the same school as their children.

They would do well to consider that not all learning is from books. Perhaps both sets of students could learn the meaning and practice of acceptance, a lesson which of course should begin at home.

Sandy Laipis, Gainesville

Trump couldnt change

Democrats did not win the 2020 election. Donald Trump lost it. For decades Democrats drifted away from Americas economic core working women and men striving to keep jobs, feed families, raise children, pay rent and stay well to the goals of social justice LGBTQ rights, pro-abortion and the like.

Social justice is worthy and essential, but it does not feed hungry stomachs. Crowds of the disaffected migrated to high-sounding Republican economic promises (no matter how hollow). Trump was their man until his vile and empty character inevitably sunk so low that the more thoughtful could no longer tolerate it.

If in August, say, Trump had worn a COVID mask, embraced Dr. Anthony Fauci, called Joe Biden a good but not presidential man and proposed massive economic support for the-out-of-work, he would have sailed into a second term. How lucky we are! The deranged tyrant like the leopard could not change his spots.

Joe Little, Gainesville

Return to religion

This country is seriously divided. But that wasn't always so. For over 200 years we were able to overcome differences to become a place where many yearned to come. Even a disastrous Civil War was unable to bring us down. But things have changed.

Not too long ago, the vast majority of Americans were bound together by a belief in the God of the Bible. Whether Protestants, Catholics or Jews, the country had a solid foundation on which to maintain a connection in spite of differences in how people worshipped Him.

The Biblical God is no longer welcome in a large part of our society. In fact, religion in general is disavowed on many levels.

Only a deep source of unity stronger than the political issues that divide us will allow us to attain the common good. Not Marxism, not socialism, not capitalism nor any combination of these can do the job. If we are to keep this republic, we need a massive dose of "Godism."

Leonard Young, Keystone Heights

Misplaced blame

According to a YouGov poll, a majority of Republican voters said President-elect Joe Biden is at fault for the actions of President Trump's supporters who stormed the U.S. Capitol on Jan. 6. They are certifiably insane.

Paul Hargrave, Gainesville

Excerpt from:
Today's letters: Readers comment on the attack on the Capitol and more - Gainesville Sun

AUSTIN (Nexstar) Texas lawmakers started the legislative session Tuesday amid heightened security at the State Capitol. Both DPS and Texas National Guard had a larger than normal presence inside and outside the building.

Many of them are still on duty at the Capitol.

Thats because of an FBI warning saying armed protests are being planned at capitols in all 50 states in the days leading up to the presidential inauguration. The warning says government buildings could be stormed, similar to what happened earlier this month at the U.S. Capitol.

As lawmakers gathered at the State Capitol on Tuesday, President Donald Trump came to Texas to make his first appearance since the unrest at the nations Capitol.

He visited the Rio Grande Valley, in part to tout the progress of the border wall hes been campaigning on for years.

I kept my promises. And today we celebrate an extraordinary milestone the completion of the promised 450 miles of border wall, Trump said Tuesday from a section of the wall in Alamo, just outside McAllen.

Hundreds of supporters lined the streets to greet the president, although the public was not allowed to attend the event itself.

He supported America, he supported our military. Hes gotten more things done in the last four years than what he even promised to do, and he fulfilled all of his promises, Weslaco native Jim Thalackre said Tuesday.

Im glad hes come down here to the border, Ive been here for 25 years, and I think hes really done a great job for us, Thalackre said.

Were all in support of our president, we love our country, thats what this is all about, said Trump supporter Patty, who made the trip for the presidents visit all the way from Minnesota.

But Democrats call the trip a waste of time.

The priorities of the nation should be getting the COVID-19 vaccines out to the people, talking about how we unite the country, especially after that violent attack that we had at the Capitol, said Congressman Henry Cuellar, a Democrat representing the states 28th district along the border.

Trump did address the chaos at our nations Capitol Tuesday.

We believe in respecting Americas history and traditions, not tearing them down. We believe in the rule of law, not in violence or rioting, the president said. Now is the time for our nation to heal. And its time for peace and for calm. Respect for law enforcement.

But Democrats, including Cuellar and Congressman Vicente Gonzalez, representative of border District 15, said the trip is more deflection.

He now is coming to our border to try to give a better last image, if you will of his presidency. Hes trying to appease his base, Gonzalez said Tuesday.

Democrats also question the amount of the border wall the Trump administration can take credit for.

He talks about 450 miles of fencing a wall thats not even correct. The new miles are only about 25 miles. So that means hes built only a little bit over four miles, about six miles every year, in the last four years, Cuellar said.

Customs and Border Protection said about 20% of the administrations wall has been completed in new territories.

President Trumps visit to Texas came one day before the U.S. House voted to impeach him for the second time. This time, the impeachment is for his role in inciting the violence at the Capitol.

This president took an oath to protect and defend the Constitution. Instead he has chosen to betray and attack our sacred democracy, Houston Democrat Sylvia Garcia said during the proceedings. Garcia was one of the managers in Trumps first impeachment.

The vote went mostly along party lines. Texas Republican Pat Fallon called the impeachment a sham as he spoke on the floor in opposition.

This is just political grandstanding at its worst, Fallon said.

Central Texas Republican Chip Roy also criticized the articles of impeachment presented by Democrats. But he had strong criticism for President Trumps actions.

The President of the United States deserves universal condemnation for what was clearly, in my opinion, impeachable conduct, pressuring the vice president to violate his oath of the Constitution to count the electors, Roy said.

However, he said the focus on inciting insurrection made the articles drafted by Democrats flawed and unsupportable.

Gov. Greg Abbott promised to lure more businesses to Texas and punish cities that defund police while sharing his agenda for the 87th Legislative Session on Thursday.

Abbott participated in an indoor event hosted by the Texas Public Policy Foundation in Austin, where hospitals are critically full, and the city is at its highest level of COVID-19 risk.

About half of the attendees wore masks at the indoor event.

2021 is going to be even better than 2020, Abbott said, citing businesses like Tesla and HP that have relocated to Texas. The United States needs Texas to lead.

Abbott made little mention of the coronavirus pandemic as he outlined his priorities for lawmakers who returned to the Capitol this week.

He instead called for a law that would allow the state to withhold sales tax revenue from cities that defund police, vowed to fight federal government overreach by the incoming Biden administration and expressed a desire to make Texas a second amendment sanctuary state.

Hes talking about issues that dont matter to Texans, said Abhi Rahman, communications director for the Texas Democratic Party. Hes talking about issues that really stand to benefit himself.

Brandon Rottinghaus, a political science professor at the University of Houston, heard what sounded like the beginnings of a national campaign.

In an interview in November, Abbott said he was focused on being re-elected to the governors Office in 2022 butdid not close thedoor on a bid for the White House in 2024.

It was definitely bigger than just a State of the State address, Rottinghaus said. (Abbott) at the end was very clear that he thought this was a model that the U.S. could use. Texas can lead the way on conservative values and a strong economy.

This is exactly what George W. Bush did when he ran for president. Its exactly what Rick Perry did when he ran for president. Greg Abbott is following that model to a tee.

Abbott said he wants to protect Texans with pre-existing conditions and expand telemedicine this legislative session.

At no time during the 30-minute discussion did Abbott mention the states coronavirus vaccine rollout or the more than 31,000 Texans who have died from the virus a challenge Rottinghaus said he wont be able to avoid.

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If he cant get past this moment where theres a tremendous health crisis which is proceeding a tremendous policy crisis then its going to be a black mark on his candidacy in Texas and possibly nationally, Rottinghaus said.

Abbott has not yet announced his emergency priorities for the legislative session which are the first order of business for lawmakers. Those priorities are typically unveiled during the State of the State address.

Republican Dade Phelan is outlining his priorities for the new legislative session as he becomes the Speaker of the House.

Phelan announced in early November he expected to have enough votes to take on the positionwhich presides over the Texas House of Representatives and maintains order during debates.

Phelan has represented House District 21, which includes Orange County and part of Jefferson County in Southeast Texas since 2015.

Phelan told Nexstars Wes Rapaport Monday morning that public education would be a top priority this year, in addition to building up the economy amid the coronavirus pandemic.

Were gonna do our best to make sure our commitment to public education is strong, Phelan said.

When you go look at your personal budget back home, or my personal budget in my house, or my, you know, the budget that I have in my business whatever I spend the most money on is the most important thing, Phelan said.. And the most important thing here in Texas is education.

In his role as Speaker, Phelan becomes one of the Big Three in Texas, which includes the governor and lieutenant governor. Phelan said hes looking forward to getting to know Greg Abbott and Dan Patrick more over weekly breakfasts.

Im getting to know them, Phelan said of Abbott and Patrick. You know, they are theyre good people, I really respect them and they work hard.

Weve had some preliminary conversations, Phelan continued. Well have a lot more conversations and well spend a lot more time together, but were all committed to get Texas economy back up and running.

The Speakers role also includes giving out committee assignments in the House. Although there is some push for him to appoint only Republicans as committee chairs, he indicated he planned to do what his predecessors have and give some assignments to Democrats as well.

We will continue the the legacy that my predecessors have had both Republican and Democrat, Phelan said. When Republicans were in the minority, Democrats gave them a proportionate share of chairmanships, and then Republicans came into power, they gave Democrats proportionate share of chairmanships, and thats not going to end.

Democrats will have a more difficult time in the upper chamber at the Capitol. In an 18-13 vote along party lines, the Texas Senate adopted a key rule change that lowers the threshold for a bill to come to the floor for a vote.

The effort was led by Lt. Gov. Dan Patrick, who aimed to ensure Republicans (who are in the majority) have more power to override Democrats wishing to block legislation.

The balance of power in the chamber is 18 Republicans and 13 Democrats with the addition of new members from the 2020 election.

We cant do anything you want us to do, if we dont change the rule, Patrick told guests at a luncheon hosted by a conservative public policy think tank. Anything thats important, conservative bills will be blocked, gun bills, life bills, tax bills will be blocked.

We have to do it, Patrick continued. Thats what you elected us to do.

That threshold has dipped at the start of the last two sessions, from 21 votes to 19 votes and after Wednesday, 18 votes needed to consider a bill.

Democrats say Patrick is moving the goalposts.

I grew up in Whitney, Texas, and I will be darned if I remember us studying what 5/9 is, State Sen. John Whitmire, D-Houston, said. 2/3 yes, 3/5 yes, but 5/9? We just never contemplated somebody standing up trying to say they wanted to be governed by 5/9.

Patrick said elections matter.

Were the majority, he said at Wednesdays luncheon.Electionsmatter.

So its going to be 16 a simple majority plus two, he explained. And they said, well thats its political. I said, Yes, were the majority.

MOST READ: How to pre-register for the COVID-19 vaccine through Austin Public Health

The Senate also discussedcoronavirus protocolsas well as operations for the Redistricting Committee, tasked with redrawing district boundaries.

The Texas House and Senate both held swearing-in ceremonies for members on Tuesday. That launched the 140-day biennium legislative session in a state where the coronavirus continues to strain health care systems and thwart the economy.

On Monday, Texas Comptroller Glenn Hegar told lawmakers that theywill face a $1 billion budgetshortfall in the upcoming session, a relief compared to the $4.6 billion shortfall estimate he made in July.

The state of vaccines in Texas: Gov. Greg Abbott gives the numbers

State Sen. Sarah Eckhardt, an Austin Democrat, brings with her a background in shaping budgets from her time as the Travis County judge.

Im looking forward to learning how to rebuild a state infrastructure that responds even in good times to Texas residents, Eckhardt said.

Rep. Donna Howard of Austin was first elected to the Texas House in 2006 and served through the housing market crash and recession.

Howard, a Democrat, said the state is only now recovering from billions of dollars of cuts that were made to public education, a mistake it cant afford to make again.

It was very grueling, actually, because there was clearly a demarcation between those who wanted to maintain services and those who wanted to cut, Howard said.

Rural school district creates free internet service to keep students connected

Republican Rep. John Cyrier of Lockhart represents Central Texas most rural district.

He believes some pandemic-related issues, like broadband access for students learning from home, may force lawmakers to bridge the gap between rural and urban Texans.

To me, its more education, Cyrier said. Its more of just understanding our way of life.

Both the Texas House and Senate adopted rules for their respective chambers this week, and in them regulations on how to balance public health with their ability to legislate.

The Senatevoted on its rules Wednesday. The Housepassed its rules Thursday.

Lawmakers are taking different approaches to how they and their staff will interact with constituents.

State Rep. Michelle Beckley, D-Carrollton, skipped Tuesdays swearing-in ceremony, calling it a superspreader event. Her Capitol office is closed to the public, but she is still taking virtual meetings.

I bought an air purifier for this office, she said. Everybodys facing walls instead of facing each other. We keep the masks on in the office.

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What youre trying to do is if one person gets COVID, that your whole office doesnt get COVID, Beckley, entering her second term in the statehouse, said.

You can still be open, you just arent face to face, she explained.

Across the dome, State Sen. Bryan Hughes, R-Mineola, is keeping his new office open to the public.

We welcome folks to make appointments; we welcome folks to come by, Hughes said. That hasnt changed.

Were here, weve all tested negative, Hughes mentioned, citing Senate rules he crafted requiring regular testing of members and staff.

MOST READ: How to pre-register for the COVID-19 vaccine through Austin Public Health

Masks are worn in the common areas of the Capitol, Hughes stated. When were on the Senate floor, we wear a mask until we get to our desk.

The start of the legislative session, combined with potential protests at state Capitols around the nation following the unrest at the nations Capitol, has spurred a stronger law enforcement presence at the Texas Capitol Complex. Extra state troopers were called in to protect the building and its occupants. The Texas Department of Public Safetyconfirmed it deployed additional personnel, but refused to discuss operational specifics.

Capitol visitors are required to wear masks in public spaces of the building. Free COVID-19 testing is available in front of the north entrance. Testing is optional for entry, but some lawmakers may require a negative test to enter their office, and the Senate requires a negative test to enter the chamber.

Both the House and Senate adjourned until Jan. 26.

See original here:
State of Texas: Time of tension at the Capitol - KXAN.com