Texas Republicans in the state legislature have a history of passing bills that end up being struck down by the courts. This trend has raised questions about why lawmakers would push for legislation that they know might not survive legal challenges. Alexandra Samuels, a senior politics editor at Texas Monthly, sheds light on this practice and the motivations behind it.
Samuels points out that the trend became apparent when Louisiana passed a law requiring the display of the Ten Commandments in public school classrooms, which led to legal challenges. This prompted Lt. Gov. Dan Patrick in Texas to express his disappointment over a similar proposal failing to become law. From there, Samuels noticed a pattern in Texas laws passed during the previous legislative session.
One example is House Bill 900, which aimed to regulate the content of books sold to schools based on their depictions of sex. However, the law faced legal challenges, and a federal judge issued an injunction blocking its enforcement. Despite Governor Abbott signing the bill into law, significant portions of it did not go into effect due to court rulings.
The question arises whether lawmakers are aware that certain bills are likely to be deemed unconstitutional or if this is a deliberate political strategy. Samuels distinguishes between symbolic bills and serious policy proposals, suggesting that some legislators prioritize appealing to their base even if it means facing legal hurdles.
While court cases resulting from these bills may cost the state time and money, Republican lawmakers often view this strategy as successful. By blaming the courts for thwarting the will of the electorate, legislators can still garner support from their conservative base. The prevailing sentiment in Texas politics is that there is no such thing as being too conservative, but being perceived as moderate can be detrimental to a politician’s career.
The support for controversial bills among Texas Republicans is evident in polls showing strong backing for measures like book-rating legislation and banning drag performances in public spaces. Despite the likelihood of these bills being challenged in court, the appetite within the Republican base for such initiatives remains high.
In conclusion, the practice of passing bills that may face legal challenges reflects a complex interplay of political motives and ideological considerations. While some lawmakers may prioritize advancing specific policy goals, others use symbolic bills to rally support from their base. The enduring support for these measures among Texas Republicans indicates a shifting landscape in state politics where defying legal precedent has become increasingly acceptable.
