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Judge tries to flip Texas blue, halted on appeal

He mandated mail-in voting. The Texas AG stopped him.

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In a court decision Tuesday that was overturned on Wednesday, federal Judge Samuel Frederick Biery (appointed by former President Bill Clinton) expanded mail-in voting in Texas to all voters, supposedly because of social distancing concerns over the virus. The real goal is to make mail-in voting the norm because it is so much easier to cheat the results. Democrats have done this all over the country, especially in California where seven GOP House seats were lost due to the unethical practice of ballot harvesting which requires mail-in voting.

Voting by mail in Texas was limited to those 65 or older or those with a “sickness or physical condition” that prevents voting at a polling place. GOP state Attorney General Ken Paxton has argued that fear of contracting coronavirus —which has infected nearly 50,000 individuals and killed at least 1,300 people in the state— is not a sufficient disability under the law. He’s right, it isn’t. If so, why hasn’t the common flu, spread much the same way, been considered a disability before now?

But the Democrat-compromised court disagreed. In an attempt to rationalize his ruling, Judge Biery wrote, “Clearly, fear and anxiety currently gripping the United States has limited citizens’ physical movements, affected their mental senses and constricted activities, socially and economically.” On Wednesday, Paxton successfully appealed to the 5th Circuit Court of Appeals in New Orleans. Biery’s ruling is now on hold.

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At any rate, it’s not a social kind of “fear and anxiety” Biery is worried about. It is the fear of losing to Donald Trump again in November. Thus they know if they can wrest control of Texas from the GOP that won’t happen, as the GOP can’t win without Texas’ electoral college votes.

It is known to pros on both sides of the aisle and to anyone who makes the slightest empirical inquiry into the issue that mail-in voting exponentially increases the chances of voter fraud. Judicial objectivity-immune Judge Biery does not see it that way. Neither do his Democrat pals: “It is time for a few state officers to stop trying to force people to expose themselves to COVID-19 in order to vote,” said Gilberto Hinojosa, chairman of the Texas Democratic Party.

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Gee, what a coincidence. The judge’s ruling just happens to coincide with the considered opinion of the state’s chief Democrat. But this is not a new thing for Texas Democrats. It has a long and storied history. The biggest example is the 1948 race for the Democrat Senate nod between Governor Coke Stevenson and a relatively little known congressman who would go on to become the most savvy player in DC history, Lyndon Baines Johnson.

Stevenson was a straight-shooting actual former cowboy who was a self-made man and, lo and behold, an honest politician. He was the incumbent governor and had a good record in office. Johnson was a man on the make with a political staff and machine that would put the original Mayor Daley of Chicago to shame. On election day, Johnson’s pals, who openly gloated about it after the election, posed as election officials and stole ballot boxes all over the state.

After their ballot tampering, they made sure the new totals looked realistic. The end total was a 54-46 Johnson win. Putting together records decades after the fact, historians agree that the real number was a likely 58-42 Stevenson win. Welcome to Texas Democrat politics and Judge Biery’s decision. It’s an old Texas two-step updated for the modern age.

David Kamioner
meet the author

David Kamioner is a veteran of U.S. Army Intelligence and an honors graduate of the University of Maryland's European Division. He also served with the Pershing Nuclear Brigade and the First Infantry Division. Subsequent to that he worked for two decades as a political consultant, was part of the American Red Cross Hurricane Katrina disaster relief effort in Louisiana, ran a homeless shelter for veterans in Philadelphia, and taught as a college instructor. He serves as a Contributing Editor for LifeZette.

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