Good morning,

We’re passing the two-month anniversary of the government-imposed economic shutdown, raising questions about the rule of law.

But first, here is today's Texas Minute.

– Michael Quinn Sullivan

Wednesday, May 13, 2020

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In letters addressed to the leaders of three Texas counties (Dallas, Bexar, and Travis) and two mayors (San Antonio and Austin), Texas Attorney General Ken Paxton took aim at the “unconstitutional and unlawful” they are issuing. Brandon Waltens has the details [[link removed]].

“Unfortunately, a few Texas counties and cities seem to have confused recommendations with requirements and have grossly exceeded state law to impose their own will on private citizens and businesses.” – Attorney General Ken Paxton [[link removed]]

Paxton warns that recently passed public health orders by those localities “are unlawful and can confuse law-abiding citizens.” He takes specific aim at their prohibitions on in-person worship gatherings. Local officials have tried to constrain worship services, attempting to supersede the state’s authority.

The attorney general warns that mandatory mask orders are unlawful and are only a recommendation – not a mandate – from the state.

In yesterday’s Texas Minute, we noted [[link removed]] the Austin mayor’s desire for every business to track customers. Paxton described that idea as “Orwellian” in his letter to Austin and Travis County [[link removed]].

The Texas Minute and Texas Scorecard are available by Empower Texans thanks to donations [[link removed]] from thousands of citizens around the Lone Star State. Consider making a contribution [[link removed]] today!

A physician treating patients infected with the Chinese coronavirus says she ran into interference from state bureaucrats, but Republican State Sen. Bob Hall (Edgewood) was able to clear the way. Robert Montoya has the details [[link removed]].

Dr. Ivette Lozano found her ability to prescribe affordable medications – Hydroxychloroquine and Zithromax – to successfully treat her coronavirus patients was imperiled by orders from the Texas State Board of Pharmacy. Using these drugs to treat the coronavirus is considered an "off-label" use, which doctors are normally allowed to do. The bureaucrats ordered pharmacists to only fill prescriptions when the doctor listed a diagnosis to ensure the drugs were only prescribed for on-label uses. Lozana says this is a violation of federal law protecting patient confidentiality, and sought help from Sen. Bob Hall.

After Sen. Hall demanded [[link removed]] an explanation, the Texas State Board of Pharmacy backed down and rescinded orders blocking off-label use – freeing doctors and pharmacists to treat patients as they deemed appropriate. For now, though, doctors are still required to provide a written diagnosis along with the prescription.

“The Texas Pharmacy Board wants to protect the pharmaceutical business by keeping the existing drugs from being used so the pharmacy companies can develop a new, more expensive drug and make lots of money.” – State Sen. Bob Hall [[link removed]] (R-Edgewood) Need a quick laugh? Check out this 2 minute video by Kevin James [[link removed]], taking aim at the pandemic-driven police state.

Amid mail-in ballot controversies, Harris County’s top election official – County Clerk Diane Trautman – has resigned. Erin Anderson reports [[link removed]] the resignation comes just days after Trautman reversed course on expanding mail-ballot voting in the county—a plan inspired by Texas Democrat Party lawsuits attempting to force universal vote-by-mail.

Cops in the Dallas suburb of Carrollton are wanting to spend federal tax dollars to combat COVID-19... buying dune buggies and spy cameras to enforce social distancing. Yes, seriously. Erin Anderson has the details [[link removed]].

Remember a few months ago when the state's Teacher Retirement System was discovered to have entered into a lavish lease spending $326,000 per month [[link removed]] on luxury office space? After the massive outcry, they claimed they would wiggle out of it. Turns out the coronavirus economy might make that difficult. As Brandon Waltens reports [[link removed]], teachers and taxpayers might still be on the hook for that wasteful spending.

In a new commentary, Bill Peacock explains [[link removed]] that society is generally worse off when government officials make decisions that should have been left to the citizens – and this includes times of pandemic. We’ve now had the governor of Texas serving as a one-man legislature for nearly 60 days [[link removed]], literally making up vast new laws and regulations, countermanding some, and even throwing out old ones. This goes well beyond whatever any “emergency” powers for the governor our constitution and statues contemplated.

Consider this: A month ago, rather than appointing a phony strike force made up of lobbyists and donors, Gov. Abbott could have called a special legislative session of the constitutional force elected by the citizenry. The legislature could have passed laws defining pandemic powers, and set real plans in motion for opening Texas. Remember, the state constitution allows a governor to at any time immediately call a special legislative session, in 30-day increments.

But the governor has not. What does he know about the abilities, intellect, and even morals, of our legislators that makes them unfit for handling such work?

If Gov. Abbott didn’t trust the Texas Legislature to act during this crisis, why should Texans ever do so?

It does make me wonder why our legislators aren’t hopping mad that they have been effectively replaced. Maybe our 150 House members and 31 senators are simply fine being first to learn the latest gossip, with no interest in exercising the constitutional responsibility of their offices to set the state’s policies. Are they content to cheerlead the Office of the Governor and re-package his press releases? Perhaps.

But their political contentment isn’t relevant. Government derives its power – and responsibilities – from the consent of the governed. Those who cherish the rule of law should carefully consider the precedent being set [[link removed]]. Quote-Unquote

“The contest, for ages, has been to rescue Liberty from the grasp of executive power.”

– Daniel Webster​

Today in History

On May 13, 1846, Congress declared war on Mexico over issues related to Texas. The war ended two years later, with the Rio Grande set as the southern boundary of Texas and the United States. Mexico also ceded California and New Mexico to the U.S.

Number of the Day

1,254

Miles of border between Texas and Mexico.

[Source: Texas Department of Transportation]

Your Federal & State Lawmakers

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Dan Patrick - R

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PO Box 12862, Odessa TX 79768 Produced by Michael Quinn Sullivan and Brandon Waltens, the Texas Minute is a quick look at the news and info of the day that we find interesting, and hope you do as well. It is delivered weekday morning (though we'll probably take the occasional break for holidays and whatnot).

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