The Washington Post Profiles the 5th Circuit

"They don’t care about being invited to elite parties in Georgetown.”

Anne Marimow has taken a deep dive on what I've called the second-most interesting court in the land. Sorry D.C. Circuit, you are fairly predictable at this point. Here is the intro:

Months before the Supreme Court overturned Roe v. Wade, the federal appeals court based in this Southern city cleared the way to ban most abortions in Texas. The same court appeared to jump the line to block the White House's signature coronavirus vaccination mandate and split from other courts to back restrictions on social media companies and constrain President Biden's immigration powers.

The U.S. Court of Appeals for the 5th Circuit in New Orleans has long leaned conservative. But the arrival of a half-dozen judges picked by President Donald Trump — many of them young, ambitious and outspoken — has put the court at the forefront of resistance to the Biden administration's assertions of legal authority and to the regulatory power of federal agencies. Their rulings have at times broken with precedent and exposed rifts among the judges, illustrating Trump's lasting legacy on the powerful set of federal courts that operate one step below the Supreme Court. Even some veteran conservatives on the court have criticized the newcomers for going too far.

Four of the six new judges have worked for Republican politicians in Texas, and some are seen as possible contenders for a future opening on the Supreme Court if a Republican is elected president. With their provocative, colloquial writing styles, the judges are elevating their profiles in far-reaching opinions and public appearances, calling out "cancel culture," wokeness and sometimes even one another.

There is a quote from me:

Josh Blackman, a professor at South Texas College of Law in Houston and close observer of the 5th Circuit, said the Trump appointees are "not going to sit and wait for the percolation that might happen otherwise" when they disagree with past rulings.

"They are more aggressive and willing to follow the law as they see it and let the chips fall where they may," Blackman said. "They don't care about being invited to elite parties in Georgetown."

From Aaron Streett:

Aaron Streett, a Houston-based lawyer who practices before the 5th Circuit and was a law clerk to Chief Justice William H. Rehnquist, said the new judges are at the "leading edge of originalist and textualist ideas percolating up in law reviews and conservative public-interest law firms."

"You've got really bright, creative judges who are talented writers and popularizers of these jurisprudential principles," Streett said, adding that they are willing to take what the Supreme Court has said in the past decade and "apply those decisions to their fullest logical extent."….

Streett, the Houston-based lawyer, said he believes that the judges are engaging in "strongly felt conversations about principles," without vitriol between the newcomers and the veterans. "I've seen zero evidence of any ill will or bad blood between any of the judges."

And from Alexa Gervasi:

Alexa Gervasi, a former 5th Circuit law clerk who directs the Georgetown Center for the Constitution at Georgetown Law, said it is no surprise that the court is issuing noteworthy rulings in so many significant cases. "The reason it seems like there's so much fire coming from the 5th Circuit is that they are getting really divisive cases," said Gervasi, who also has practiced before the court. "If you send controversial cases to the 5th Circuit, you're going to get controversial opinions." …

But the combination on the 5th Circuit of big personalities and aspirations — and the large volume of highly charged cases — makes the New Orleans bench a standout.

"Everyone wants to have their say. I don't think that's just posturing for the Supreme Court," said Gervasi, noting the number of judges writing separate dissents and concurring opinions.

Read the entire piece, which I think is a balanced take.

Comments

[Tom for equal rights]

As Blackman states – “Read the entire piece, which I think is a balanced take.”

yet its behind a paywall

[Rev. Arthur L. Kirkland]

Modern adults who subscribe to The Washington Post perceive no problem in this context.

The Post offered, and may still offer, specially priced subscriptions for students and educators.

[Mr. Bumble]

Because “Democracy Dies in the Darkness”?

[ThanksForTheFish]

The WaPo is the creating the darkness.

[Rev. Arthur L. Kirkland]

Disaffected, downscale, delusional right-wing misfits are among my favorite (and the most deserving) culture war casualties.

And the core target audience of a faux libertarian, movement conservative blog with an increasingly thin academic veneer.

[Dr. Ed 2]

WHY would any sane, level-headed, rational person want to subscribe to that rag at ANY price?????

It’s religious propaganda….

[Currentsitguy]

Outside of utilities I don’t do subscriptions of any kind. I refuse to contribute to any corporation’s monthly recurring revenue stream model on general principles.

[David Nieporent]

What principle is that, exactly?

[Mr. Bumble]

Are you unfamiliar with the term “general principle?

Chambers’s Twentieth Century Dictionary

General principle
a principle to which there are no exceptions within its range of application

[Currentsitguy]

Seems pretty self explanatory.

I won’t get Outlook.com, I have a physical Exchange Server. Likewise Office365, I get physical local copies.

[ThanksForTheFish]

If only they offered actual news.

[Dr. Ed 2]

“They don’t care about being invited to elite parties in Georgetown.”

Georgetown is a thousand miles away and two hours “wheels up” to fly — 4-5 hours all told, to attend a party?

No, the Fifth is becoming what the Ninth once was — the latter was a bastion of leftism (not “liberalism”) and the Fifth is now a bastion of conservationism. All we need is a Chief Justice that is the political opposite of Earl Warren and we may take this country back.

As an aside, it might be good not to only pick SCOTUS justices from the DC Circuit Court — after all, isn’t “diversity” considered a good thing?

[Noscitur a sociis]

We don’t “only pick SCOTUS justices from the DC Circuit Court”—most justices never serve do once DC Circuit, and only one served for more than a couple years.

[Dr. Ed 2]

Out here in non-lawyer-land, we are told that one is nominated to the DC Circuit Court if the President is considering you for a SCOTUS nomination.

[Craig Johnston]

Did you have a TIA around the middle of that sentence?

[Noscitur a sociis]

Just autocorrect: “serve do once” = “served on the”.

[Dr. Ed 2]

https://en.wikipedia.org/wiki/Miguel_Estrada

[BillyG]

Even Willett has been critical of the harsh tone of some judicial opinions and partisanship. “Our robes are black, not red or blue,” says an essay he co-wrote with Judge Bernice B. Donald, an appointee of President Barack Obama on the 6th Circuit. “… Regrettably, some judges contribute to the noxiousness, penning acidic opinions that fuel a perception of judges as ideological combatants rather than evenhanded arbiters.”

Targeted comment at the conservative judges while ignoring pure ideological rulings by liberal judges. 9th circuit being famous for this. It’d be interesting to review Judge Willetts opinions.

[bevis the lumberjack]

Willett seems as close to a libertarian as a federal judge can be, from what I’ve seen. Perhaps I’m overstating that, but there’s a lot of libertarian in him.

I know he thinks that QI should be trimmed way back and maybe even eliminated and has been outspoken about it.

[Stephen Lathrop]

bevis, do you get that as a matter of judicial entanglement in ideology, “libertarian,” is as discrediting as, “leftist,” or, “fascist?”

[Ed Grinberg]

Good point. You either follow the law or you make it up as you go along.
(Of course, our Constitution does favor freedom, so, if you’re faithful to it, you’ll end up producing “libertarian” decisions.)

[SRG]

That’s begging the question about what the law is. Take a simple case, the prohibition against imposing “cruel and unusual punishment”. There is nothing in the text of the Constitution that tells us whether this means what was regarded as a cruel and unusual punishment in 1787, or what is regarded as cruel and unusual by the standards of the time a particular case was being brought. There are reasonable arguments for both readings, and reasonable arguments against.

I note that Scalia was quite satisfied to read “cruel and unusual” to mean what specific punishments were regarded as such in 1787, but declined to use the same jurisprudential approach when considering the definition of “arms” in 2A. but equally, there are people who will adopt the opposite inconsistency, that “arms” applies only to the arms the FFs knew of, but “cruel and unusual” should be judged wrt current standards.

There is nowhere in the Constitution that tells us which approach to use.

[bernard11]

It’d be interesting to review Judge Willetts opinions.

Why don’t you, then, rather than make snide comments?

It’s not like they are buried some where and not available to the general public.

[John F. Carr]

One level down, the Victoria Division of the Southern District of Texas was recently called out by Mark Joseph Stern of Slate as most especially politically incorrect. Texas Attorney General Paxton was accused of judge shopping for filing a lawsuit against the United States in a division where there was only one non-senior judge and that judge was not liberal. Slate and the DoJ think the lawsuit should have been filed in a liberal division like Austin or D.C. It’s not judge shopping to sue in a liberal division.

https://s3.documentcloud.org/documents/23588889/motion-to-transfer.pdf

[Dilan Esper]

I don’t often agree with Stern or think he’s a good SCOTUS reporter, but he nailed that one. It’s preposterous that litigants get to pick single district courts in politically charged cases. My favorite was the immigration cases filed in Amarillo, which is about as far as you can get from the border and still be in Texas. But if they filed in El Paso they might have drawn a Democratic judge, so Amarillo it is.

[Noscitur a sociis]

Single-judge divisions shouldn’t exist, but if Congress and the courts are going to allow them, I’m not sure you can fault litigants for using them (assuming venue and jurisdiction are in fact proper, as they seem to be in the Texas case).

[Dilan Esper]

I don’t think states are the same as other litigants. There’s a principle– sadly sometimes honored in the breach– that government lawyers aren’t supposed to use the absolute lowest tactics just because they are theoretically permissible.

[Dr. Ed 2]

“My favorite was the immigration cases filed in Amarillo”

As opposed to the one filed in Hawaii?!?

My guess is that (a) Boston alone has more International college students than the entire state of Hawaii, and that (b) as Hawaii is some 3000 miles offshore, the only ones clearing customs in Hawaii are the ones staying in Hawaii.

NB: This was one of the suits filed against Trump.

[Dilan Esper]

It’s different because Hawaii isn’t a single judge district. Selecting the court is different than selecting the judge.

[Noscitur a sociis]

The District of Hawaii only had three judges when the case was filed: is it really that much of a difference?

[Jonathan Affleck]

With respect to regulation of a social medium platform Trump-appointee Judge Andrew S. Oldham has had no problem with taking potshots at Trump-appointee Judge Kevin C. Newsom.

[Drewski]

Everyone, for years: The DC Circuit is “the nation’s second-highest court.”

Blackman: The DC Circuit is the second-most interesting court in the land. That’s my phrase, I coined that.

[ThanksForTheFish]

Do you have a point?

[Sebastian Cremmington]

“Trump appointees”..,uh, no. They are McConnell/McGahn/Leo appointees that ended up stabbing Trump in the back!

[SimonP]

It’s amusing, and by no means surprising, that Josh cites the piece’s quotation of himself but omits the piece’s immediate rebuttal. No, quite to the contrary, the members of the Fifth Circuit leading its revanchism are all too happy to travel to DC to be feted by the DC conservative “elite.” I guess Josh isn’t getting invited to those parties.

The piece is far too credulous and quotes too many people with potential business before the Fifth (and so disinclined to speak honestly and critically). Maybe find someone with a legal brain and the ability to speak frankly and independently about what they’re doing. The Fifth Circuit is an important part of the fascist revival in Texas, clearing the constitutional field for Abbott and Paxton’s “innovations,” and are a clear danger for the rule of law in this country.

[bevis the lumberjack]

I’ve lived in Texas since Nixon was president. There is no fascist revival happening here. That’s hysterical silliness. Do I like Patrick or Abbott or (particularly) Paxton? Nope. Or Rick Perry. But they’re pretty basic conservatives with a bit too much attention paid to the politically active religious crowd. We’ve got freedom out the ass here.

Squealing about a made up “fascist revival” just demonstrates that you’re not a serious person.

[SimonP]

“Pretty basic conservatives” apparently meaning just, “mainstream fascists in the Republican party these days.”

They haven’t gone as far as Florida, yet. But they’ve said and done plenty on women’s reproductive freedom, LGBT people, voting rights, “immigration,” social media, etc., to give any right-thinking person pause.

“Freedom out the ass,” huh? You mean “guns,” right? Because surely you don’t mean “freedom” in the sense of, “I want to become pregnant without the concern that a miscarriage will kill me because I won’t be able to obtain necessary treatment,” or, “I want to raise my transgender child in a manner determined by me, my child, and my children’s doctors,” or, “I want to be able to vote for my representatives without fear of being charged with a felony,” or, “I want my kid to be able to learn about systemic racism in public schools,” or, “I want my city’s elected officials to be able to pursue policies reflecting the will of the city’s residents, even if it conflicts with national Republican priorities,” or…

So it’s just “guns,” then. And I guess if you own property, too. They want to spend the anticipated budget stimulus on property tax relief (as opposed to sales tax relief).

[bevis the lumberjack]

I don’t own a gun. But you keep your stereotype anyway because it’s the only way you can think.

LGBT? Houston has the second largest gay community in the country with no problems from the city or the state.

Voting rights? What did Texas do to voting rights? Specifics, please. Because we just had multiple elections under the new rules with no complaints from anyone, other than Harris County not getting their votes counted on time. Just like Georgia was doing the New Jim Crow – except polls showed that black citizens in Georgia overwhelmingly were satisfied with their access to voting under the new law. All of that defending democracy stuff was Democratic election hyperbole.

Ectopic pregnancies are routinely treated here. My wife had two spontaneous miscarriages and there was never any concern about any threat.

Property taxes in Texas are a hell of a lot more problematic than sales taxes, although both are a little high because an income tax is prohibited by our state constitution.

Your brain is ate up with left wing narrative and you’re full of shit to a degree beyond which I can describe.

[Dr. Ed 2]

““I want to become pregnant without the concern that a miscarriage will kill me because I won’t be able to obtain necessary treatment,”

It’s called “elective abortion” for a reason — it isn’t medically necessary.

“I want to raise my transgender child in a manner determined by me, my child, and my children’s doctors,”

I.e. I want to abuse my children with impunity without the pesky state interfering. This includes marrying off your 9-year-old daughter.

“I want to be able to vote for my representatives without fear of being charged with a felony,”

Then don’t vote “early and often”…

“I want my kid to be able to learn about systemic racism in public schools,”

And the parents who want their kids to learn about the inherent supremacy of the White race — should that also be taught in the public schools?

“I want my city’s elected officials to be able to pursue policies reflecting the will of the city’s residents, even if it conflicts with national Republican priorities,”

“Segregation now, segregation tomorrow, segregation forever” comes to immediate mind in this regard. Of course that was an elected Governor, but dig a little and you’ll find similar policies on the municipal level. After all, someone hired Bull Connor….

[Dr. Ed 2]

Do the “DC conservative ‘elite'” live in the Georgetown neighborhood of DC — or in the District itself?

My understanding is that most of them live across the river in Virginia — gun laws alone are a good reason for doing that.

And as to fascism, Hitler was a socialist — his party was the National Socialist party and that’s where the term
Nazi came from. Fascism today is coming from the left, e.g. COVID mandates….

But Geography Matters….

[windycityattorney]

North Korea is also called the Democratic People’s Republic of Korea. Its not a democracy or a republic for that matter. Its an authoritarian nightmare. Self labeled words don’t mean shit and your analogy is terrible. Might as well say the ‘party of Lincoln freed the slaves there is no way the Republican party could ever do anything racist.’

[Rev. Arthur L. Kirkland]

Self labeled words don’t mean shit

“Often libertarian”

[Toranth]

The Nazis weren’t socialist because it was in their name, anti more than “antifa” is anti-fascist. The Nazis were socialists because they enacted socialist policies, and advertised it in their name.

Some of the National Socialist’s social-economic policies:
Strong capital controls on banks
Legal limits on profit margins
Requiring companies to hire workers as directed by the government
Preventing workers from being fired without government approval
Laws preventing transfer of wealth to outside of Germany
Requiring wages be linked to corporate revenue
Large increases in minimum wage
Mandatory public schooling of party-written doctrine
Placing government officials on to management boards of corporations
Seizing industries entirely, placing them in government hands

And all that was pre-1936.

[bevis the lumberjack]

Yeah I’m not sure what this comment has to do with either the 5th circuit or with the absurd claim that there’s a fascist revival happening in Texas.

You’re trying to pin socialism to Hitler while ignoring that he hated the communists.

[SRG]

“willing to follow the law as they see it”

Or willing to make the law as they want it….potato potahto

[JonFrum]

Regarding ‘controversial opinions.’ NO ONE has ever referred to an opinion as controversial if they agreed with it. It’s just a back-door slur.

[Noscitur a sociis]

What a transparently false observation. I have enough self-awareness to recognize that any number of my positions, opinions, and beliefs are controversial (and I don’t think this belief is one of them).

[David Nieporent]

Yes. I don’t understand what the underlying reasoning is.

I do understand “I’d rather buy something and own it than pay monthly to use it,” which is what those two examples are. I don’t understand “I won’t buy something periodically — well, except electricity.”

Also, I find it hard to believe that utilities are the one exception. No rent or mortgage, for example? I mean, obviously he buys groceries every week/month. How is that different than buying a newspaper subscription?

[Sebastian Cremmington]

They broke the most important news of the last 40 years—libs are coming for your natural gas stoves!!!!!

[ThanksForTheFish]

Top story at the moment : black Memphis police spark “dialogue”.

It’s a bunch of DIE progressives splaining what their friends talk about.

There is a reason they’re losing supsriptions except with the crowd that thinks r/ACAB is a good source too.

[M L]

“Interestingly, most ‘right wing’ news outlets break relatively few news stories”

This is actually not true, and probably just reflects your unawareness and/or disinterest toward stories that you don’t like or don’t consider newsworthy.

For example, when we have all time record illegal border crossers and fed agencies are encouraging it, the leftist does not find that to be newsworthy. But when there’s an outlandish conspiracy theory about Trump made up by some FBI informant that Clinton hired and the intelligence agencies are trafficking in it and opening an investigation, that is the story of the decade (the conspiracy theory, not the fact that it’s false or made up by an FBI informant hired by Clinton).

[Armchair Lawyer]

From a certain perspective, monthly recurring subscriptions and/or fees rely on a certain reluctance for customers to change, and encourage a drop in service and/or actually using the item in question.

Groceries are different. They (typically) require a person going to the grocery store every week, and picking out the exact items they want, on sale…or not. Or they can choose a different grocery store, or not one at all, especially if on vacation. Point is…the person goes, in person, and pays for the individual items, every week.

On the other end of the spectrum is something like a gym membership, where they depend on a certain number of individuals getting the monthly membership, then basically not using it consistently, while continually paying the membership.

The Post is closer to that end of the scale. They depend on people getting the membership (rather than the individual item/paper/article) and then…just keep it going.

From a certain perspective, avoiding these types of monthly memberships, which encourage people to obtain items which they won’t consume (or won’t consume effectively), is a smart move. Associated with that is avoiding autopays, or other items which make it “too easy” to pay for something, without even thinking of it. And then you hit 6 months later, and you say “I spent HOW MUCH for this item, I didn’t really use at all?”

[Kazinski]

Well except I don’t see the 5th being reversed at the rate of the 9th was, or the 6th circuit either for that matter.

[David Nieporent]

“I don’t want to subscribe to a newspaper because I won’t read it” is a very reasonable, sensible position, but doesn’t really require a general principle against paying monthly for things.

I guess when I hear newspaper subscription, I still think of a physical newspaper, which makes it nothing like a gym membership; it comes to your driveway every morning. If one is thinking of an electronic subscription, I guess one might not use it. (Though for me it’s a daily routine, like brushing one’s teeth; it’s not something I wouldn’t use.)

[jb]

At the other end of the spectrum of ACAB are people who apparently think that Tyre Nichol’s murder was somehow okay I guess.

[Stephen Lathrop]

HA! The 5th is going to get the Supreme Court enlarged, all by itself.

[Sarcastr0]

Amusing you think this disproves what QA says about right wing media while actually proving it pretty well.

Is it bullshit caravan time already?

[Armchair Lawyer]

“(Though for me it’s a daily routine, like brushing one’s teeth; it’s not something I wouldn’t use.)”

For some people, a gym membership is the same, it’s something they wouldn’t not use. It’s a part of their routine, so they can’t imagine not using it.

While a physical newspaper is a nice reminder (an electronic subscription would easily be forgotten, and cost the newspaper itself near zero additional cost), I can only speak from my perspective. I’ve had newspapers and magazines in the past. And while it’s fun at first, eventually I run out of the time in the morning or evening to read it. So, it just sits there, and accumulates.

[bevis the lumberjack]

You’re right, of course. Leftist media broke the story about the Russians planting a laptop supposedly belonging to the president’s son. And they broke the story that the Covid pandemic couldn’t possibly have started in a lab researching that type of virus less than a mile from the epicenter of the pandemic. They broke the story that the vaccine stopped transmission of Covid dead in its tracks. And they broke the story about how no black person would ever be allowed to vote in Georgia again. They broke the story about the racist motivation of the Half Moon Bay shooter in California.

Damn those right-wingers and their bullshit caravan.

[Dr. Ed 2]

They are leftists, not liberals. There *is* a distinction…

[bevis the lumberjack]

Bobbing and weaving and dodging the point is easier than addressing it substantively. Or admitting problems on your own team.

But you gotta be you…….

[bevis the lumberjack]

One of our daughters has a sister-in-law who had a miscarriage well after SB8 and Dobbs and has yet to be arrested. Or even contacted. All of that ectopic pregnancy and miscarriage crap is political bullshit intended to rile the faithful, much like the New Jim Crow garbage.

I don’t know what Abbott and Paxton did. Perhaps Turner is overstating things for political reasons, perhaps not. Either way, the gay community here has been thriving for decades and is just a normal, visible part of the community. Regardless of the bloviation of state officials over the years.

[Sarcastr0]

1) We still haven’t seen, nor do we know the provenance of that laptop. A few e-mails from Hunter do not a Hunter laptop make.

2) The science continues to evolve. Reporting on the state of the science without noting that is a constant problem. But don’t pretend it was a media lie, that’s not what happened.

3) Again, that was the state of the science in spring 2021.

4) Now you’re making shit up, or conflating opinion with journalism.

You read right-wing media uncritically, and normal newspapers critically, and don’t seem to bother with actual liberal media.

And then you call me a biased Biden defender because I read it all critically.

[bevis the lumberjack]

I don’t read right wing media at all you nitwit, which I’ve stated several times. It just won’t penetrate your worldview filter.

1. The ownership of the laptop is settled – the lack of Russian complicity in it is well established.

2. They pushed getting people fired over what you now call uncertain science. There was zero uncertainty in their reporting as to the science. “People who aren’t vaccinated should be denied treatment”.

3. There was no science in this at the start because they labeled anyone who made the reasonable suggestion that it could have been the lab as racist and succeeded in shutting down investigation until the trail was cold. Had to defend the CCP if doing so hurt Trump.

4. What am I making up? Biden himself echoed the media with the New Jim Crow bullshit. Last week I posted a link to a UGA survey in which even black Georgians overwhelmingly indicated their satisfaction with the new system. You just didn’t look at it because it contradicts your religion.

These are all items in a “bullshit caravan” from your side, which you of course rush to defend. You have no moral high ground to criticize right wing media when you defend bullshit from left wing media.

[Sarcastr0]

Your they is shifting, chief. I thought you were talking about the media?

Now it’s just a grab bag of right wing villains.

Not sticking to an argument is a sign your real purpose is just to be angry on the Internet.

Don’t drink that stuff; it’s bad for you.

[Armchair Lawyer]

Sarcastro’s just a partisan hack.

Seriously, denying it’s Hunter’s laptop? Wow.

It’s not even a liberal-leftist take on things. It’s just straight out denial for partisan gain. Hunter could probably have sold state secrets and small children to Russia and Sarcastro would be defending him.

[David Nieporent]

1. The ownership of the laptop is settled – the lack of Russian complicity in it is well established.

Not only is the ownership of the laptop not settled, but the existence of the laptop is not settled. Again: nobody except the unreliable computer repair shop guy has seen it. Everyone else has seen only a disk image that purports to be a copy of this laptop’s drive, and which indisputably has been tampered with, since files were changed after the time period when Hunter Biden allegedly left it at the repair shop. “Lack of Russian complicity” is not remotely established.

[bevis the lumberjack]

Sarcastro, all of those points relate directly to the media. Nobody else. You’re arguing just to be arguing. When you’ve got no response worth a shit just call someone right wing or racist or whatever. It’s your way of avoiding substantive discussion when you’ve got no argument. You can’t deny those things happened and were all over the media so just call names instead.

David, places like the Washington Post and the NYT, hardly hard core conservatives, reported that it was confirmed. Back in November. Unlike you I’ve got no insider at the FBI so I’ve got to rely on public reporting.

[David Nieporent]

David, places like the Washington Post and the NYT, hardly hard core conservatives, reported that it was confirmed. Back in November. Unlike you I’ve got no insider at the FBI so I’ve got to rely on public reporting.

No; you’ve got to read the stories more carefully. That’s not what those outlets reported. They reported that some of the emails from the drive image purporting to be from the laptop are genuine, but that the authenticity of most of the files could not be established. (That doesn’t mean that all of those files are false; it just means that they didn’t have any way to authenticate them.)

[Commenter_XY]

Appreciated the perspective as an ‘average’ Texan. I agree, TX is alive and well, and there is no fascist revival going on there.