October Surprise!

I thought I’d be writing about the government shutdown. What other surprises does October have in store for us?

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Tuesday, October 3, 2023, 11:00 a.m.

         Yesterday was the 188^th anniversary of the Battle of Gonzales, which began the overt hostilities between the Anglo Texians and the Mexican government from which they sought independence. In the pantheon of war-defining battles – Thermopylae, Waterloo, Midway – Gonzales is not that big a deal. But it was the starting point of the Texas Revolution, and all that implied for the future of Texas, the United States, and the world.

         In 1831 the Mexican government loaned to the (mostly Anglo) settlers of Gonzales, Texas, a six-pound cannon. The cannon was to be used to fight (or scare off) the Comanches, with the explicit understanding it would be returned to the government upon request. Over the succeeding years, though, tensions between the government and the Texian settlers grew, such that by the summer of 1835 the government thought it prudent to ask for the cannon back. They were refused.

         In late September, the Mexican army sent a small detachment to retrieve the cannon, and the settlers, their numbers bolstered by Texians from the surrounding countryside, prepared for battle. On October 2, 1835, the two sides met and shot at each other for a while, and then the Mexican soldiers withdrew. Two Mexican soldiers were killed; one Texian got a bloody nose. After the battle was over, the Texians were greeted upon their return to Gonzales with a homemade banner that said, “Come and Take It.”

         Nowadays, more people know the catchphrase, and its unfortunate associations, than know about the Battle of Gonzales. However, it did set in motion the Texas Revolution, which culminated the next April with the Battle of San Jacinto and the capture of Santa Anna.

         But why should we look backwards today when there is so much to look forward to? Just a few examples, ripped from today’s headlines:

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October 3, Washington – Effort to Depose Speaker McCarthy

         Matt Gaetz, the Butthead to Jim Jordan’s Beavis, is sticking another banana up the tailpipe of the US government. He has filed a “motion to vacate the chair,” parliamentarian-ese for calling for a vote to get rid of Kevin McCarthy as Speaker.

         McCarthy, who under the rules must allow a vote on the motion within two days, has scheduled a vote for today. If the vote is successful, then the House will have to elect a new Speaker. If it is not, Gaetz can look forward to a rewarding year as chair of the Special House Subcommittee on Investigating Fire Ant Mounds in Florida Swamps.

         You can follow the blow-by-blow in the New York Times here or in the Washington Post here.

UPDATE: The US House rejected a motion to postpone Kevin McCarthy’s defenestration, setting the stage for said defenestration later today. Kevin was last seen retreating to the Speaker’s Office, there to kiss his own portrait goodbye and take one last look at the view of the Washington Mall from there.

UPDATE#2: The US House reeee-jected Kevin McCarthy as Speaker, the first time in Congressional history. Rep. Patrick McHenry (R-N.C.) has been named speaker pro tem. McCarthy, who will remain a member of the House, will be recognizable on the floor by the brown paper bag he is required to wear over his head.

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October 3, Washington – CFPB vs. CFSAA

         Ignore all the initials. The Consumer Financial Protection Bureau was created after the 2008-2009 financial meltdown to fight the predatory practices of the financial services industries – banks, credit unions, insurance companies, payday lenders, and so forth. Those industries did not like the CFPB, of course, and have tried various ways to kneecap it.

         Last year, the Fifth Circuit ruled that the CFPB’s funding – a direct allocation from the Federal Reserve – violated the Constitution’s requirement that “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” This despite the fact that many government functions – in fact, over 50% of the federal budget – are funded outside of the annual appropriations acts.

         As you may have guessed, this is not really a fight about the purity of the Founder’s vision when they wrote the Constitution. Lest you doubt that, the Fifth Circuit in declaring the CFPB’s funding unconstitutional also took the opportunity to strike down its payday lender regulations, which is what the industry was really mad about.

         The Supreme Court is hearing an appeal of that case today. The outcome, probably not announced until next year, will say a lot about how the current Court – including three members appointed by a “populist” President – feels about protecting the little guy from predatory lenders.

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October 7, Dallas – UT vs. OU

         OU still sucks.

UPDATE: It’s 2:30 p.m. CDT, and OU still sucks.

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October 9, Austin – Special Session on Vouchers

         Governor Greg “Maybe When They Run Out of Everyone Else They’ll Want Me for President” Abbott has called a special session to begin next Monday, October 9. Most likely the principal topic will be school vouchers, or “school choice” as it advocates are trying to brand it.

(“On second thought, let’s not go there … it is a silly place.”)

         Vouchers have a long and polarizing history in Texas. Since the end of the last century, well-funded voucher proponents have tried to force a bill through the Lege. They have always failed, stymied by a combination of Democrats and rural Republicans. This coalition has held together for 25 years, as recently as the just-completed regular session.

         Given this dismal record, you’d think the voucher acolytes would give up on their fight. But there are some billionaires willing to throw uncountable sums at the fight – and to support lawmakers who take their side in the fight. And no one in Texas government is more attentive to what rich billionaires want than Greg Abbott.

         In recent years, the Senate has become the avatar of school choice, bent to the will of Dan Patrick. The House has resisted vouchers and even – gasp! – suggested more fully funding schools and giving teachers a pay raise, both of which were in a House bill that Patrick let die on the floor of the Senate last May.

         The institutional rivalry has become more heated after the Senate’s cowardly (but predictable) exoneration of Ken Paxton and Patrick’s vituperative screed at the end of their deliberations. Patrick attacked the House and particularly Phelan. It’s personal now, and count on the House members to rally around their Speaker and defend their position in favor of public schools.

         Which doesn’t mean we know how this will all turn out. Abbott has pledged that he will call multiple special sessions if necessary to pass some form of vouchers. And this special session will end just a few days before the beginning of the filing period for next March’s primaries. You can take it to the back that voucher-opposing House members are getting the message.

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Have a great week!