Texas Tribune
The 5th Circuit’s terrible Supreme Court term
by By Eleanor Klibanoff, The Texas Tribune – 2024-07-02 05:00:00
SUMMARY: The 5th U.S. Circuit Court of Appeals, covering Texas, Louisiana, and Mississippi, had a tumultuous term with the U.S. Supreme Court overturning eight of its rulings while upholding three. Known for its conservative stance, the 5th Circuit has faced Supreme Court criticism for its decisions on issues like abortion medication, gun control, and social media. Judges appointed by Trump have further pushed its right-leaning agenda. Despite Supreme Court rejections, the 5th Circuit continues to influence national legal discussions. Experts suggest this trend shapes the judiciary's conservative trajectory, even as these controversial rulings frequently face higher court repudiation.
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If the 5th U.S. Circuit Court of Appeals was a boxer, you'd bet on the other guy.
The 5th Circuit, which hears appeals from Texas, Louisiana and Mississippi, had three rulings upheld by the U.S. Supreme Court, and eight overturned, more than any other court this term. The conservative circuit court saw its rulings on abortion medication, gun control, administrative power and social media moderation all rejected by the Supreme Court.
Justice Brett Kavanaugh cautioned that the 5th Circuit was taking the judiciary down “an uncharted path.” Chief Justice John Roberts said they were “slaying a straw man.” Justice Clarence Thomas, the most conservative member of the court, authored two opinions rejecting the 5th Circuit's interpretation of the law.
The New Orleans-based 5th Circuit leaned to the right even before President Donald Trump appointed six judges to the bench. The new judges, many of whom trained in Texas' conservative legal circles, have attracted a slew of ideologically-aligned cases.
“One of the most conservative Supreme Courts we've ever had is still repudiating right-leaning decisions from the most conservative appeals courts in the country,” said Steve Vladeck, a law professor at Georgetown University. “But even then, it's doing so in cases that should never have gotten to the Supreme Court in the first place.”
Just because these rulings ultimately got knocked down at the Supreme Court doesn't mean the 5th Circuit is toothless, Vladeck said.
“These rulings have the effect of taking legal theories that were off the wall, and putting them on the wall,” he said. “Even when they're losing, the effect is to make these cases of national import and give credibility to those arguments.”
The Texas two-step
The story of how the 5th Circuit comes to rule on so many conservative cases starts far away from the John Minor Wisdom federal courthouse in New Orleans. It starts in a handful of district courts in remote parts of the three-state region, where, due to geography and population distribution, only one federal judge hears all or nearly all of the cases.
In Amarillo, it's U.S. District Judge Matthew Kacsmaryk. In Lubbock, Judge Wesley Hendrix. In Victoria, Judge Drew Tipton. These judges share something beyond professional isolation — they were all appointed by Trump based on their conservative legal bonafides.
When a group of anti-abortion doctors wanted to revoke the Food and Drug Administration's approval of mifepristone, a common abortion-inducing drug, they filed the case in Amarillo.
Kacsmaryk's ruling, in which he referred to doctors as “abortionists” and the process of a medication abortion as “starv[ing] the unborn human until death,” was unprecedented in revoking a medication's long-standing FDA approval. Kacsmaryk overruled the government's argument that the doctors who brought the lawsuit did not have the legal right to sue, known as standing.
“The associations' members have standing because they allege adverse events from chemical abortion drugs can overwhelm the medical system and place ‘enormous pressure and stress' on doctors during emergencies and complications,” Kacmsaryk wrote.
This ruling would have resulted in mifepristone being removed from the market, throwing abortion and miscarriage care into chaos nationwide. But the U.S. Supreme Court intervened, ruling that the medication could remain on the market while the case moved through the system.
The case then went to the 5th Circuit. The three-judge panel, two Trump appointees and one President George W. Bush appointee, agreed that the plaintiffs did have standing to sue. The appeals court ruling would have allowed mifepristone to remain on the market with significant restrictions.
In its first abortion ruling after overturning Roe v. Wade, the Supreme Court unanimously rejected the 5th Circuit's ruling and found the doctors who sued did not have standing. Justice Kavanaugh, a Trump appointee, quoted conservative legal icon Justice Antonin Scalia in authoring the opinion.
“As Justice Scalia memorably said, [standing] requires a plaintiff to first answer a basic question: ‘What's it to you?'” Kavanaugh wrote. “For a plaintiff to get in the federal courthouse door and obtain a judicial determination of what the governing law is, the plaintiff cannot be a mere bystander, but instead must have a ‘personal stake' in the dispute.”
The 5th Circuit was advancing an “unprecedented and limitless approach” to standing, Kavanaugh wrote, which would “seemingly not end until virtually every citizen had standing to challenge virtually every government action that they do not like.”
“Citizens and doctors who object to what the law allows others to do may always take their concerns to the Executive and Legislative Branches and seek greater regulatory or legislative restrictions on certain activities,” Kavanaugh wrote.
Justice Amy Coney Barrett, another Trump appointee, similarly chided the 5th Circuit for its interpretation of standing on a Louisiana case, Murthy v. Missouri. In that case, the attorneys general of Louisiana and Missouri and five individuals accused the Biden administration of pressuring social media companies to censor information during COVID. They filed the lawsuit in Monroe, Louisiana, a city of 47,000 people, where Trump-appointed Judge Terry Doughty hears most cases.
Doughty ruled that the plaintiffs had standing, and the 5th Circuit agreed. Barrett, on behalf of the Supreme Court, did not.
“This theory is startlingly broad, as it would grant all social-media users the right to sue over someone else's censorship — at least so long as they claim an interest in that person's speech,” Barrett wrote. “This Court has never accepted such a boundless theory of standing.”
“These are lawsuits that should never have been lawsuits,” Vladeck said. “By holding that these plaintiffs do have standing, the 5th Circuit is allowing the federal courts to decide cases they have no business deciding.”
It's not just standing. In a case concerning whether domestic abusers can be barred from possessing guns, Chief Justice John Roberts overturned the 5th Circuit and noted that “some courts have misunderstood the methodology of our recent Second Amendment cases.”
Thomas overturned a 5th Circuit ruling that found the funding structure of the federal Consumer Financial Protection Bureau was unconstitutional. And on the last day of the term, the Supreme Court ruled that the 5th Circuit had failed to adequately assess whether a new Texas social media law was constitutional.
Josh Blackman, a professor at South Texas College of Law, said these rulings reflect the simple fact that the 5th Circuit is to the right of the Supreme Court.
“Every judge takes an oath to the Constitution, and I think the judges in the 5th Circuit, and really all the courts, have very strong views on what the Constitution means,” Blackman said. “The Supreme Court disagrees on that. That's their call.”
The Supreme Court did allow the 5th Circuit's rulings to stand in three cases this term, including the overturn of a Trump-era rule that banned bump stocks under the federal machine gun ban. The Supreme Court's conservative majority also upheld the 5th Circuit's ruling in a case involving the U.S. Securities and Exchange Commission.
What does it mean?
By staking out such conservative positions, even ones that get overturned in the end, the 5th Circuit has shifted the nation's jurisprudence to the right.
“Litigants deliberately steer lawsuits that could have been brought anywhere into single judge divisions in the 5th Circuit,” Vladeck said. They get favorable lower court rulings that make for great press. They get fairly favorable 5th Circuit rulings. Maybe they lose in the Supreme Court, but look at how much they've done, look at how much they've accomplished by that point.”
One side effect of this cat-and-mouse game, Vladeck said, is the Supreme Court gaining a reputation as a “profoundly centrist institution” because it blocks the 5th Circuit's most extreme rulings.
This repeated repudiation from the Supreme Court is unlikely to impact how the 5th Circuit rules going forward.
“The judges of the 5th Circuit don't work for the Supreme Court anymore than I work for you,” Blackman said. “It's a myth that the 5th Circuit will say, ‘Oh man, I got reversed. Maybe I should rule differently next time.'”
The job of an appellate judge is not to try to guess what opinions would be upheld by the Supreme Court, Blackman said. But the string of legal losses may still have an impact on how this legal strategy plays out going forward.
“It's not surprising that conservative litigants are getting more aggressive because you have a conservative Supreme Court,” said Blackman “But three years in, there have been a lot of cases that just did not yield success. Do they reevaluate and reassess? Or do they keep bringing these cases even when the Supreme Court keeps saying, ‘Go away. Go away. Go, we don't want these cases.'”
Despite taking a tone in recent rulings, the Supreme Court has not taken steps to more formally express its displeasure with the 5th Circuit.
“There's a sizable cohort of judges on the 5th Circuit whose basic attitude is, you know, ‘damn the torpedoes, full speed ahead,'” Vladeck said. “In prior eras, that kind of behavior from a lower court would have elicited not just reversals from the Supreme Court, but a pretty stern lecture, and we haven't had that yet.”
It may be that, in some cases, conservative justices appreciate the chance to engage on legal issues that otherwise wouldn't come before the court. When the Supreme Court heard the mifepristone case, for example, justices Thomas and Alito both raised the specter of the Comstock Act. These 19th century anti-obscenity laws have been essentially defunct for more than 100 years, but conservative lawyers have been trying to revive them to further restrict access to abortion.
Neither the original case, nor the eventual ruling from the Supreme Court, hinged on the Comstock Act. But the hearing offered an opportunity to bring the issue onto the most significant legal stage the country has.
“The cumulative effect of all of this is to exert a whole lot of pressure on the legal system in one direction,” Vladeck said.
Just in: Former U.S. Rep. Liz Cheney, R-Wyoming; U.S. Sen. John Fetterman, D-Pennsylvania; and Oklahoma Gov. Kevin Stitt will take the stage at The Texas Tribune Festival, Sept. 5–7 in downtown Austin. Buy tickets today!
The post The 5th Circuit's terrible Supreme Court term appeared first on TexasTribune.org.
The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Texas Tribune
UT-Austin offers probation to students arrested in protests
by By Asad Jung, The Texas Tribune – 2024-07-05 17:44:44
SUMMARY: The University of Texas at Austin is disciplining students arrested during pro-Palestinian protests in April by offering “deferred suspension,” allowing students to avoid suspension by proving educational growth. Deferred suspension requires students to take an exam on university rules and avoid appealing the decision. Some students, like Ari Lenahan, see this as a relief compared to harsher penalties faced by peers at other universities. Over 130 protesters were arrested, but Travis County Attorney Delia Garza declined to pursue criminal trespassing charges. The university's heavy-handed response has sparked criticism from students, faculty, and free speech advocates.
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The University of Texas at Austin has begun disciplining students who were arrested in pro-Palestinian demonstrations in April, scolding them for their actions but offering them a path to avoid suspension.
In letters sent out to students this week, first reported by KUT, university officials said it would be appropriate to suspend them for their actions during the protests but would give them the option to take “deferred suspension” instead, a form of probation that would allow students to remain in class and keep the disciplinary action from appearing on their final transcripts.
“Recognizing our commitment to educational growth, we want to offer you an alternative path to avoid suspension by proving that you have learned from this experience,” reads one of the letters obtained by The Texas Tribune.
Students who choose deferred suspension must agree to take an exam testing their knowledge of the university's rules and agree not to appeal the decision. The status would be active until July 7, 2025.
Those who decline that option would be suspended, the letter says. Students may also appeal the disciplinary sanctions through a university hearing.
Ari Lenahan, a UT-Austin student set to graduate in December, said he was relieved the university offered him deferred suspension since students at other universities across the country are facing harsher punishments after participating in pro-Palestinian demonstrations. He said it may be the best choice for him since he aims to graduate this year.
“It's a lot clearer where I stand now, at least in the university's eyes,” he said.
Lenahan still has a hold on his account preventing him from registering for classes in the fall but said the letter he received Wednesday states any holds will be removed once his case is resolved.
Anne-Marie Jardine, a recent graduate, received a sanction letter concerning her involvement in an April 24 pro-Palestinian demonstration. Jardine was told she would be under deferred suspension for one year if she were to re-enroll at UT-Austin. Jardine said she hasn't received her official diploma from the university yet.
Many other students under investigation have not yet been informed about how the university plans to move forward with their cases. Sam Law, a PhD candidate who was arrested on April 29, said that he expects the university will contact him soon.
More than 130 protesters were arrested at pro-Palestinian demonstrations on UT-Austin's campus in late April. In resolute efforts to dispel the protesters, law enforcement at the time deployed pepper spray and flash-bang explosives and charged students with horses. State troopers were deployed by Gov. Greg Abbott to help quash the protests and had a hand in the arrests.
Those arrested were charged with criminal trespassing but Travis County Attorney Delia Garza declined to pursue those charges.
In the aftermath of the protest, many students, faculty and free speech advocates questioned UT-Austin's heavy-handed response to the protests and criticized state GOP leaders' support of the arrests. Just a few years ago, Abbott had championed state legislation that protected free speech on college campuses, leading free speech advocates to ask who gets to enjoy free speech protections in Texas.
UT-Austin leaders, meanwhile, have vowed to carry out discipline against students who violated campus policies. Seniors in the class of 2024 were afraid their diplomas would be withheld, though they were permitted to join graduation ceremonies in the spring.
Sneha Dey contributed to this story.
Disclosure: University of Texas at Austin has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.
Just in: Former U.S. Rep. Liz Cheney, R-Wyoming; U.S. Sen. John Fetterman, D-Pennsylvania; and Oklahoma Gov. Kevin Stitt will take the stage at The Texas Tribune Festival, Sept. 5–7 in downtown Austin. Buy tickets today!
The post UT-Austin offers probation to students arrested in protests appeared first on TexasTribune.org.
The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Texas Tribune
Hurricane Beryl likely to hit Texas coast Monday
by By Emily Foxhall, Berenice Garcia and Stephen Simpson, The Texas Tribune – 2024-07-05 16:47:07
SUMMARY: Texans are being urged to prepare for Hurricane Beryl, expected to make landfall as a Category 1 or 2 storm along the Texas coast on Monday. Currently crossing Mexico's Yucatan Peninsula, Beryl could hit anywhere from northern Mexico to the mid-Texas coast. Officials stress vigilance and preparation, especially for those along the Gulf coast, and advise stocking up on essentials like food and water. Emergency measures include distributing sandbags and readying evacuation plans. Beryl, an unusually strong early-season storm, has already caused significant Caribbean damage, with forecasters predicting a highly active hurricane season exacerbated by climate change.
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Texans need to prepare for Hurricane Beryl, which is likely to make landfall on the state's coast as a Category 1 or 2 storm on Monday, state emergency officials said.
The record-setting storm was moving across Mexico's Yucatan Peninsula on Friday, leaving forecasters still unsure exactly where along the Texas coast will see the worst rainfall and wind.
As Beryl left behind a trail of destruction across Caribbean islands, state officials urged Texans along the entire Gulf coast to pay close attention and prepare for a dangerous storm, particularly people vacationing during the July 4 holiday weekend.
“Everyone along the coast should be paying attention to this storm,” Lt. Gov. Dan Patrick said at a news conference in Austin. Patrick is serving as acting governor as Gov. Greg Abbott travels in Asia on an economic development trip.
Residents should be gassing up their vehicles and making sure they have food and water for themselves and their pets, Texas Division of Emergency Management Chief Nim Kidd said.
“A lot of people are out having fun right now, and that's a good thing, and we want them to continue to do that, but we also want them to prepare,” Kidd said. “We need a prepared community, not a panicked community.”
Boarded windows at the H-E-B Plus! grocery store in Brownsville on July 5, 2024.
Credit:
Michael Gonzalez for The Texas Tribune
Officials in the Rio Grande Valley and Corpus Christi have been distributing thousands of sandbags to help people prepare for potential flooding. South Texans have been eager for rain because the two major reservoirs on the Rio Grande have reached near or record lows in June.
Forecasters on Friday expected Beryl to make landfall anywhere from northern Mexico to the mid-Texas coast. The storm appeared likely aimed for South Texas but experts warned its path could shift north to Corpus Christi or Matagorda Bay.
Tropical storm-level winds would likely arrive Sunday night, according to the National Hurricane Center. Areas from Brownsville to Corpus Christi faced the greatest wind threat under the current forecast.
Heavy rain could begin Sunday and last through Tuesday. The National Hurricane Center predicted four to eight inches to fall along the South Texas coastline, with higher amounts in some spots, and up to six inches from Corpus Christi to Matagorda Bay. Forecasters expected the storm to slow over land, which would increase the risk of flooding.
Rip currents and high seas starting late Friday will make coastal conditions dangerous.
In the Rio Grande Valley, officials were preparing for possible flooding.
The eastern part of Hidalgo County tends to be hit the hardest during heavy rains, but the county was taking steps to mitigate flooding there, said Ricardo Saldaña, Hidalgo County's emergency management coordinator. Officials have placed water pumps near flood-prone areas and worked with contractors to prevent flooding at drainage project sites by covering up excavation holes.
Saldaña warned residents to make their own preparations by stocking up on food and water, preparing an emergency kit, and making arrangements with friends and family to relocate if necessary.
Sandbags at a county facility in Brownsville on July 5, 2024.
Credit:
Michael Gonzalez for The Texas Tribune
Cameron County Judge Eddie Treviño, Jr. recommended that people in recreational vehicles leave county parks.
“If you don't feel safe, evacuate,” said Tom Hushen, Cameron County's emergency management coordinator.
If there is flooding, Hushen said they were prepared to mobilize fire trucks and ambulances to help people evacuate. But high winds could pose another threat. Winds of more than 90 miles per hour could cause those vehicles to topple over. In that scenario, county officials would have to deploy larger vehicles like dump trucks.
Hushen said any power outages would prompt the opening of emergency shelters. He also advised residents to tie down any loose items in their yards and to bring in all patio furniture because high winds could turn those objects into projectiles.
“Listen to the warnings,” Hushen advised residents. “Things could change at a moment's notice.”
Beryl has astounded meteorologists with its strength so early in the summer. Warmer-than-normal ocean temperatures helped Beryl rapidly strengthen into a Category 4 storm in late June — becoming the first recorded Category 4 storm to form in June, according to the National Oceanic and Atmospheric Administration.
Beryl strengthened into a Category 5 and tore across the Caribbean, causing devastation in Grenada and Jamaica. It pushed onto the Yucatan Peninsula early Friday as a Category 2 storm.
“Beryl is so out of place historically given how early in the season it is and how strong it got,” said Houston-based meteorologist Matt Lanza, who helps write a blog on tropical weather called The Eyewall. “Typically you don't see that sort of thing until August — not the end of June, beginning of July.”
Federal forecasters expect this hurricane season, which began June 1, to be a bad one. They predicted to see 17 to 25 named storms form, which was more than they had ever forecast before a season's start. They believed four to seven of those would be Category 3 storms or stronger.
Climate change driven by people burning fossil fuels is causing oceans to warm and makes hurricanes more likely to be stronger. Scientists also say climate change may make rapid intensification of storms more likely — as happened with Beryl.
“To look at a satellite on June the 30th or July the 1st and to see a storm of Beryl's magnitude is almost unbelievable,” said Michael Lowry, a hurricane expert for WPLG TV in Miami.
Reporting in the Rio Grande Valley is supported in part by the Methodist Healthcare Ministries of South Texas, Inc.
Just in: Former U.S. Rep. Liz Cheney, R-Wyoming; U.S. Sen. John Fetterman, D-Pennsylvania; and Oklahoma Gov. Kevin Stitt will take the stage at The Texas Tribune Festival, Sept. 5–7 in downtown Austin. Buy tickets today!
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The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Texas Tribune
Michael McCaul seeks waiver to stay Foreign Affairs chair
by By Isaac Yu, The Texas Tribune – 2024-07-05 05:00:00
SUMMARY: U.S. Rep. Michael McCaul seeks a waiver to extend his chairmanship of the House Foreign Affairs Committee. During his term, McCaul, a Republican from Austin, led efforts to ban TikTok, supported Tibetan self-determination, and condemned the Chinese spy balloon. He also played a crucial role in passing a bipartisan Ukraine aid bill and has been active on global issues, including Ukraine and Taiwan. McCaul aims to maintain U.S. strength abroad amid growing isolationism in his party. Facing a six-year term limit, he needs special permission to continue, with several colleagues aiming for his position. His leadership's fate will be decided by the Republican Steering Committee.
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WASHINGTON — U.S. Rep. Michael McCaul isn't quite ready to give up his gavel.
In his two years as chair of the powerful House Foreign Affairs Committee, the Austin Republican has been busy; he spearheaded the charge to ban TikTok, authored one resolution on Tibetan self-determination and led another condemning the infamous Chinese spy balloon. Just last month, he helped shoulder a bipartisan Ukraine aid bill through Congress over many colleagues' loud objections. He's also traveled the globe, shaking hands with Volodymyr Zelenskyy in Ukraine, receiving a blessing from the Dalai Lama in India, and gifting Taiwan President Lai Ching Te with a cowboy hat.
To keep his leadership post on one of the most coveted committees in Washington, he'll need special permission, having hit his six-year term limit. Several colleagues are already gunning to replace him.
McCaul confirmed last week that he would indeed seek a waiver to serve another term as top Republican on his committee, which would need approval from a steering committee and then the full House Republican caucus.
“It's not time to change horses right now,” McCaul said in an interview. “It's a dangerous time where the world is on fire.”
If his quest is successful, McCaul pledges to keep supporting key allies around the globe and stay aggressive on adversaries like Russia and China. If not, defense hawks in Washington could lose a powerful voice in charge just as the GOP prepares to redefine its approach to foreign policy under a potential second Trump administration.
Closing out his twentieth year in Congress, McCaul is well-connected and one of the most experienced members of the Texas delegation, having chaired the Homeland Security Committee from 2013 to 2019. The Foreign Affairs Committee under his leadership has been the most productive House committee this term, his office said, with 67 measures and 18 bills passed by the full chamber.
McCaul is making the case that his relationships on the Hill — including a friendship with Speaker Mike Johnson that helped push Ukraine aid over the finish line — justify him staying on an extra term.
Johnson had voted against sending aid to Ukraine before becoming speaker, part of a growing wing of conservatives who believed foreign aid came at the expense of funding for border security. McCaul, a steadfast supporter of Ukraine, helped sway Johnson's thinking and the speaker ultimately threw his support behind a package to send $60 billion in aid to boost Ukraine's arsenal against Russia.
The decision was opposed by a majority of Republicans and drew the ire of hardline conservatives, including Rep. Marjorie Taylor Green of Georgia, who filed a motion to vacate the speaker, which failed.
“I think I feel compelled to do it not for myself, but I don't think anyone would be able to do what I do or shepherd the [Ukraine] supplemental the way I was able to,” McCaul said.
McCaul has also been a leading China antagonist this term, leading an effort to force the sale of TikTok to an American company. His visits with Taiwanese leaders and the Dalai Lama, who China views as a separatist threat, have drawn strong condemnation and sanctions from Beijing.
His efforts on Ukraine, Taiwan and elsewhere are linked by a desire to project U.S. strength abroad, even as the isolationist wing of his party grows.
“If we abandoned Ukraine and allowed [Vladimir] Putin to take over Ukraine and threaten Eastern Europe, that would be a big mistake, and it would send a message to Chairman Xi [Jinping] that Taiwan's fair game,” McCaul said.
House Republicans set six-year term limits for committee chairs, including years spent as ranking member when the party is the minority. The GOP last voted to keep the term limits at the beginning of the current term.
Waivers are rare. Only one was granted last session, to Rep. Virginia Foxx, R-North Carolina, who stayed an extra term chairing the House Education and Workforce Committee. Before Foxx, the last waiver was granted in 2012, to former Speaker Paul Ryan, R-Wisconsin.
McCaul's fight comes as Texan influence in the House is on the decline. The state delegation, which includes more Republicans than any other state, will see the retirements of Rep. Kay Granger, R-Fort Worth, who stepped down from her powerful perch as Appropriations chair, and Rep. Michael Burgess, R-Denton, who will give up the Rules Committee gavel less than a year after gaining it.
Rep. Jodey Arrington, R-Lubbock, will remain the top Republican on the Budget Committee. And Rep. Brian Babin, R-Woodville, is currently the only Republican running for the top spot on the Science, Space and Technology Committee.
Committee assignments are determined by the Republican Steering Committee, made up of party leadership and regional representatives, and then approved by the full conference. The 36-member Steering Committee, which always includes at least two Texans, has been stingy with waivers in the past, even when considering chairs like McCaul who have spent most of their time in the minority.
The decision could depend in part on how McCaul's committee feels about his leadership. Foxx had the support of every Republican on her committee in seeking a waiver, including from the next-highest ranking Republican who would have replaced her.
None of McCaul's 26 Republican colleagues on Foreign Affairs have made endorsements yet, but at least three members — Ann Wagner of Missouri, the committee's vice chair, Darrell Issa of California and Joe Wilson of South Carolina — have already confirmed they are running against McCaul for the top spot. The committee includes three fellow Texans: Reps. Nathaniel Moran of Tyler, Keith Self of McKinney and Ronny Jackson of Amarillo, none of whom responded to requests for comment.
It's not immediately clear whether any of McCaul's announced rivals would diverge greatly from his policy positions, and all three supported foreign aid packages for Ukraine, Israel and Taiwan earlier this year.
Matthew Choi contributed to this report.
Just in: Former U.S. Rep. Liz Cheney, R-Wyoming; U.S. Sen. John Fetterman, D-Pennsylvania; and Oklahoma Gov. Kevin Stitt will take the stage at The Texas Tribune Festival, Sept. 5–7 in downtown Austin. Buy tickets today!
The post Michael McCaul seeks waiver to stay Foreign Affairs chair appeared first on TexasTribune.org.
The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
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