TUE brief 12.7.21

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Today’s Stories

The BIDEN ADMINISTRATION has sued Texas, claiming recently passed legislative and congressional districts are racially discriminatory.

As a legal matter, this case is a slam dunk for Texas. The biggest question is whether it delays the Texas primary. On the latter question, the smart money is on no. But we emphasize the word “guess.”

In  2019, SCOTUS ruled that partisan gerrymanders were a valid redistricting objective.  In addition, Donald Trump has remade the federal judiciary. This lawsuit’s fate is sealed between SCOTUS’ clarity on the subject and the lack of a path for a 2012 funny business.

In terms of timing, there’s enough between now and March to resolve this case. In addition, given that the incumbent faces his competitive primary, the Attorney General’s office has a strong political incentive to resolve this case expeditiously.

Lawsuits, however, can be complicated. And things can go wrong. While they have sufficient time, they don’t necessarily have extra time.

For planning purposes, however, continue to assume a March primary. (AC)

DAN PATRICK has admitted the legislature’s alleged “ban” on critical race theory failed. But he wants you to send him money.

Yesterday, Patrick sent a bizarre fundraising email where he correctly castigated Ft. Worth ISD for recent misdeeds. Nothing wrong with that.

However, instead of offering any plan to address the issue, Patrick segued into a fundraising pitch.

Why anyone would give Dan Patrick more money after he’s failed despite multiple bites at the apple is beyond comprehension. (AC)

MATT SCHAEFER is calling out Governor Abbott following the UT system’s decision to comply with the vaccine mandate for federal contractors.

In fairness to the university, absent from the governor's specific guidance, they’re caught between a rock and a hard place. Like it or not, they’re a federal contractor.  With federal money come federal strings.

Shaefer’s declaration is possibly the first and if not the highest-profile example of a legislator tying misdeeds at public universities directly to Governor Abbott.  More of this, please. (AC)

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