“the Texas Supreme Court handed down an extraordinary order saving Robert Roberson from execution — but potentially not for very long.
Roberson was convicted in 2003 of murdering his daughter on the theory that she died of “shaken baby syndrome.” However, in an extraordinary turn of events, it now appears likely that Roberson is innocent. Not only that, but it is far from clear that his daughter was even a victim of murder in the first place.
One reason to doubt the conviction is that modern science looks at shaken baby syndrome with increasing skepticism. More importantly, however, the evidence in Roberson’s case suggests that his poor girl actually died from a combination of pneumonia and medications that should never have been prescribed to such a young patient, and that the injuries that a 2003 jury attributed to child abuse may have resulted from a surgery.
Another reason why the order in In re Texas House of Representatives is so extraordinary is that it involves what may be an unprecedented conflict between the state’s legislature and its governor. Texas Gov. Greg Abbott (R) has the power to issue a 30-day pause on Roberson’s execution (although not to grant him permanent clemency) but has thus far refused to do so”
…
“a bipartisan group of state lawmakers issued a subpoena seeking Roberson’s testimony before a committee of the state’s House of Representatives. This hearing isn’t scheduled until Monday, and Roberson obviously could not comply with this subpoena if he had been killed Thursday night.
So Roberson’s case raises what may be a unique separation of powers issue under the Texas Constitution: Can Texas’s executive branch of government carry out an otherwise lawful execution if doing so would prevent its legislative branch from hearing testimony from a witness it has already subpoenaed?”
…
“The striking thing about this case, however, is that virtually everyone who has touched it wants Roberson to live except for the few people in Texas’s government (the Court of Criminal Appeals, the pardon board, and Abbott) who actually have the power to save him.”
“California first adopted its Advanced Clean Cars (ACC) standard in 2012. The rules required automakers to gradually increase sales of zero-emission vehicles as a percent of total sales in California, culminating in an 8-percent share in 2025. Plug-in hybrids, which use both electric and gas-powered motors, counted for partial credit toward the total.
The Virginia General Assembly passed House Bill 1965 in 2021, which directed the State Air Pollution Control Board to adopt low-emission and zero-emission vehicle standards equivalent to California’s. The bill was signed into law by then-Gov. Ralph Northam, a Democrat, whose support helped guarantee the bill’s passage. Virginia is among 18 states and the District of Columbia that have adopted some or all of California’s regulations.
But the following year, California adopted Advanced Clean Cars II, which greatly expanded the requirements of the original standard. Under the new rules, the zero-emission requirement would jump from 8 percent of automaker’s sales for model year 2025 all the way to 35 percent in 2026, increasing each year until 100 percent of all new vehicles sold for model year 2035 must be electric.
The following day, Youngkin and the Republican-controlled Virginia House of Delegates indicated their intent to repeal H.B. 1965 and uncouple the state from California’s rules, but the Democrat-controlled state Senate squashed their efforts the following year. In the 2023 elections, Democrats regained control of the House of Delegates while keeping control of the Senate, and the state Senate once again defeated efforts to repeal the law in January 2024.
Ultimately, California’s more aggressive rules provided the legal justification for Virginia’s withdrawal. Youngkin’s press release claims that H.B. 1965 merely authorized the state to follow Advanced Clean Cars I, the rules in place at the time that went through 2025. “An opinion from Attorney General Jason Miyares confirms the law, as written, does not require Virginia to follow ACC II,” the press release continues. “Therefore, the Commonwealth will follow federal emissions standards on January 1, 2025.”
“We are alarmed that Governor Youngkin thinks that he is above the law,” Nicole Vaughan, communications director for the Virginia Conservation Network, tells Reason in a statement. “Legislation passed in 2021 directs Virginia’s Air Pollution Control Board to adopt Advanced Clean Cars and subsequent updates to the program. In doing so, Virginia exercised an option under the federal Clean Air Act to follow the more stringent standards adopted by California and several other states to address tailpipe pollution.””
“in Texas, you can commit murder without suffering the legal consequences of that crime, so long as your victim’s politics are loathed by the right and your case is championed by conservative media. Or at least, this is the message sent by Gov. Greg Abbott’s pardoning of Daniel Perry.
“In the weeks after George Floyd’s murder in 2020, the proliferation of Black Lives Matter protests had filled Perry with apparent bloodlust. Then an active-duty Army officer, Perry texted and messaged friends, among other things:
“I might go to Dallas to shoot looters.”
“I might have to kill a few people on my way to work they are rioting outside my apartment complex … No protesters go near me or my car.”
“I wonder if they will let [me] cut the ears off of people who’s decided to commit suicide by me.”
When a friend of Perry asked him if he could “catch me a negro daddy,” Perry replied, “That is what I am hoping.”
Weeks later, Perry was driving an Uber in Austin, Texas, when he came upon a Black Lives Matter march. According to prosecutors, Perry ran a red light and drove his vehicle into the crowd, almost hitting several protesters. Activists gathered angrily around Perry’s car. Garrett Foster, a 28-year-old Air Force veteran who was openly carrying an AK-47 rifle, approached Perry’s window.
Perry then shot Foster dead.
At trial, Perry’s defense team alleged that Foster had pointed his rifle at the defendant. But witnesses testified that Foster never brandished his weapon, only carried it, which is legal in Texas. And Perry corroborated that account in his initial statement to the police, saying, “I believe he was going to aim at me. I didn’t want to give him a chance to aim at me.” A jury convicted Perry of murder last year.
But..the governor of Texas used his pardoning power to release Perry from prison.
In a statement, Abbott said, “Texas has one of the strongest ‘stand your ground’ laws of self-defense that cannot be nullified by a jury or a progressive district attorney.” He noted that in the Lone Star State, a person is justified in using deadly force against another if they “reasonably believe the deadly force is immediately necessary” for averting one’s own violent death. The Texas governor argued that it was reasonable for Perry to believe his life was at stake since Foster had held his gun in the “low-ready firing position.”
Yet this claim is inconsistent with Perry’s own remarks to the police, which indicated that Foster did not aim a rifle at his killer, but merely carried it. Needless to say, seeing a person lawfully carrying a firearm cannot give one a legal right to kill them.
But pesky realities like this carry less weight than conservative media’s delusional grievances. Shortly after Perry’s conviction in April 2023, then-Fox News anchor Tucker Carlson aired a segment portraying Perry as a helpless victim of “a mob of rioters” and a “Soros-funded” district attorney. Carlson decried the jury’s verdict as a “legal atrocity” and lambasted Abbott for standing idly by while his state invalidated conservatives’ right to defend themselves. “So that is Greg Abbott’s position,” he said. “There is no right of self-defense in Texas.”
The next day, Abbott pledged to work “as swiftly as Texas law allows regarding the pardon of Sgt. Perry.””
“Progressive Democrats who control California are intent on regulating our lives and raising our taxes, which leads to a sense of vulnerability as hundreds of intrusive bills head to the governor’s desk.
This year, however, Gov. Gavin Newsom pulled a few surprises. He insists that he’s not running for president, but his vetoes of the fringiest measures suggest his promises aren’t ironclad. He rejected nearly 20 percent of bills that reached his desk, which is an “unusually large percentage,” per CalMatters. Many veto messages, it noted, include boilerplate language warning that some bills would add to the state’s deficit. He seems to be channeling his predecessor, deficit-weary Jerry Brown.”
“Democrats did well.
Gov. Andy Beshear (D) won reelection in deep-red Kentucky. Democrats seemed set to hold onto the Virginia state Senate and take over the Virginia state House, blocking Republican Gov. Glenn Youngkin’s hopes of passing conservative policies (and perhaps his ambitions in national politics). Meanwhile, Ohio voters enshrined the protection of abortion rights in the state constitution and legalized recreational cannabis.
Strangely, all this happened while President Joe Biden has been getting some of his worst polling numbers yet. As in the 2022 midterms, though, national dissatisfaction with Biden did not lead to a red wave sweeping out Democrats across the country or to wins for conservative policy proposals in ballot initiatives.”
“Gov. Gavin Newsom is pressing the U.S. Supreme Court to review a controversial ruling that has prevented cities from clearing homeless encampments.
In a brief filed to the high court Friday, Newsom’s office warned a ruling invalidating anti-camping ordinances in Grants Pass, Ore. had “paralyzed” cities around California by imposing an “insurmountable roadblock” that effectively bars cities from moving people from parks and sidewalks.”
“Ron DeSantis had just been sworn in as a member of the House in 2013 when he voted against sending $9.7 billion in disaster relief to New York and New Jersey, two states still reeling from the damage of Hurricane Sandy.
“I sympathize with the victims,” the Florida Republican said at the time, but objected to what he called Congress’ “put it on the credit card mentality” when it came to government spending.
Now, a day after Hurricane Idalia pummeled Florida less than a year since Hurricane Ian’s destruction, DeSantis is not objecting to federal borrowing when it’ll help his disaster-stricken state. As Florida’s governor — and a 2024 White House contender — he is in regular contact with President Joe Biden as the state seeks dollars from Washington to rebuild from the storm wreckage, assist rescue efforts and aid displaced residents.”
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” DeSantis’ vote a decade ago was based on his opposition to the Sandy package’s “additional pork spending,” a spokesperson for his presidential campaign said”
“The fact that Florida Gov. Ron DeSantis is now trying to back away from his fight with the Walt Disney Company should confirm at least one thing about the whole ugly mess.
It was never a principled fight against special privileges granted to a private company. It was a political stunt meant to raise DeSantis’ profile on the national stage.
That mission having been accomplished—and with the prospects of a legal battle against Disney looming—DeSantis told CNBC on Monday that he has “moved on” from the issue. He also encouraged Disney to “drop the lawsuit” that it filed in April against his administration.”
…
” it would be useful for reporters to ask DeSantis whether he would take similar actions against other businesses whose executives criticize his policies. Disney obviously has the power to fight back, but others might not be able to do so. Is DeSantis willing to admit he was wrong to retaliate against Disney? The answer would be instructive for voters weighing his candidacy for higher office.”
“Evers pulled these changes off by leveraging a tool known as the line-item veto, a power granted to governors in 44 states, which allows them to veto parts of a budget bill instead of the entire measure. Wisconsin, in particular, gives governors “uniquely powerful” line-item veto authorities for appropriations bills that allow them to target “sentences, words or in some cases even a single character or digit,” according to WisContext’s Will Cushman.”