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Speaker 1: Hello, and welcome to the Texas Tribune trip Cast for Monday,

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June twenty third. We are coming to you with an

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emergency trip cast because less than twelve hours ago, as

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all of us were getting ready to go to bed

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and get ready for the week, Greg Abbott vetoed the

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Texas THHC band and ordered a special session for July

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twenty first, later next month. We are throwing out our

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trip cast plans and talking about this because it's the

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big story in Texas politics. And I am joined this

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week by politics reporter Kayla Gwow. Hello, Kayla, I Kayla.

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We were talking before went to sleep around three point

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thirty last night after all that news, so I want

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energy from all of this. And then Jasper Sharer, Hello, Jasper,

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good to be with you.

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Speaker 2: Guys.

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Speaker 1: I know you were watching the NBA Finals last night,

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So is there at least a little bit of you

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that was happy that he waited until that was.

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Speaker 3: Over a little bit?

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Speaker 1: Yeah, And it was.

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Speaker 3: It was kind of overall just like a rude welcome

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back from my vacation where I was wistfully, you know,

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not paying the usual attention of this kind of stuff.

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But here we are.

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Speaker 1: I'm back in the game here we are. Indeed, I

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for one, was very happy that the NBA Finals game

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was starting at seven o'clock. It meant I was gonna

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be able to go to sleep at a reasonable hour.

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And then I'm brushing my teeth and I think it

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was you, Kyla who dropped in our slack channel Abbott's

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vetoed SB three and that blew up everything. Let's just start.

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Oh and by the way, Eleanor Clemenov, you may have

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heard of her. She's the co host on the show.

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You may remember a couple of weeks ago when I

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was in Aspen and I knew I was it's too important.

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I got to join the trip Cast as a zoom. Anyways,

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I don't want to disappoint our listeners. Eleanor also now

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an Aspen, and she didn't care at all. She was like,

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I'm skipping it. I'm hanging out in the mountains, so

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you know, e clipping off at text tribute dot com.

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If you want to email your disappointment, we're here. The

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true trip Cast stands giving you the information that you

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need to know. But anyways, anything y'all want to say

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mean about Eleanor before we move on, I mean.

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Speaker 3: Come on, Yeah, just the worst timing she could have

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possibly picked, obviously pre engineered.

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Speaker 1: So all right, well, it was a wild night last night,

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so let's just start, Kayla. Can you just sort of

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like walk us through what happened last night to get

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us to the point we were in here.

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Speaker 2: So we got an earlier round of vetos earlier in

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the evening of twenty five bills total, including a couple

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from earlier in the session, and that was it. I

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don't think I didn't feel off the hook yet at

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that point, but I had sort of prepped for two

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opposite outcomes if the governor vetoed it or let it pass.

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And then I think it was around eleven fifteen that

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the SB three veto on its own sort of quietly

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came out.

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Speaker 1: Fifteen, which is forty five minutes before the deadline to

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beat veto bills.

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Speaker 2: Yeah, forty five minutes before the deadline eleven forty five

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on it or eleven fifteen on this Sunday night. And

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that was that. So we rushed to get that up.

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And then, in a really strange twist, Governor Abbott responded

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to a tweet by our friend John Moritz of the

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Austin American Statesman, in which Moritz had said that a

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bill by Simpronia Thompson had been vetoed and Abbot rushed in.

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This is just minutes after the SB three veto, says

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there was a flaw in miss Te's bill and he

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put it on a special session, which was our first

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indication that maybe we were heading to a special session.

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But it was bizarre because it was in reply to

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eight reporters tweet, so minutes after that then her, I

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guess it was more like thirty minutes after that, around

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midnight or just after midnight, after the veto deadline passed,

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Abbot officially announced a special session, with SB three at

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the top of the list.

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Speaker 1: Right, Yeah, I think I can confidently say that this

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is the first time a special session has been announced

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in a reply to a tweet and an Austin reporter. Pretty wild,

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I what I'm struggling to even come up with a

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question here. What do we think explains Abbot waiting until,

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I mean almost literally the last minute to do this.

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We've known about this bill for weeks. Why did he

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wait until you know everyone was going to sleep on

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Sunday night to act on this?

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Speaker 3: I think some it was genuine indecision about how to

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handle this kind of a hot potato politically. I mean,

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I think he I don't know if that explains fully

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why he waited until forty five minutes before the deadline,

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but at least you know that there were some other

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bills that he vetoed, you know, much earlier on that

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were just obviously clearer calls for the governor.

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Speaker 2: And I know.

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Speaker 3: His you know, folks on his his team have said

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he was he really didn't, at least initially know how

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he was going to handle the veto versus you know,

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sign decision. And I think you know, you also saw

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that his veto proclamation was unusually long and detailed, sort

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of laying out you know, both his his reasoning and

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sort of a you know, I think the governor had

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previously said like he was going to put on his

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judicial hat to kind of decide this, you know, harkening

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back to his time as a text of Supreme Court justice,

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and you you know, his part of his his proclamation

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kind of read like a legal decision where he was

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saying like he didn't think that SB three would you know,

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stand up to legal scrutiny or at least it would

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get tied up in the courts. And then he even

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went as far as to suggest, you know, kind of

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the regulatory framework that he'd be okay with when you know,

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when he calls lawmakers back in July to sort of

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reconsider an amended version of SB three. So I think

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kind of the combination of like indecision and then wanting

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to have as bulletproof of a explanation as possible to

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kind of make clear, look, you know, I still want

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to do something on this, but you know this, I

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think he went to great lengths in his proclamation to say,

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you know, it was sort of targeted at Dan Patrick

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to me in some ways. I think he was like, look,

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you know, I'm kind of with you on this to

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an extent. I just I'm trying to help you not

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get your your top priority tied up in endless litigation.

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Speaker 1: Right, Let's let's actually step back and do a little

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bit of a history of how he got here. Right,

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So Dan Patrick had been calling for this thhe ban, Well, actually,

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let's sit back even farther than that. Right, These THH stores,

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these products have been available in gas stations, you know,

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all over the place for the last couple of years

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after the action taken both by the federal government and

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the state government to legalize him. Right, This creates a

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situation where these sort of like marijuana like substances that

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can get people high are now essentially legal, almost by accident.

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I think everyone sort of agrees that was not the

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intent of the original law. So Dan Patrick comes into

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this session and says he wants to ban these substances.

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These are dangerous for folks. The measure passes the Senate,

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but the House sort of like significantly amends the bill

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in committee, right, Kayla, basically saying, you know, we're not

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going to ban this, we're going to regulate it. Then

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what happens, Kayla, Well, the House.

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Speaker 2: The House has this bill, They've been through committee. It's

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Chairman King's Bill out of State Affairs, obviously a very

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powerful committee. That bill is, you know, it contains a

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lot of what Abbott ultimately recommended in his proclamation explaining

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his veto have barred sales to minors. It would have

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barred marketing to miners and put some more restrictions in

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testing and bolstered law enforcement, all those things. It was

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a pretty substantial regulatory framework and then drama happens on

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the floor. We saw Representative Tom Oliverson, who is an

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anesseciologist and also Dan Patrick's neighbor, introduced an amendment to

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substitute the regulatory framework for the full out band that

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the Senate had passed months before. We saw kind of

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a hodgepodge of people sign on to that, some Democrats

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in addition to a bunch of Republicans, and the House

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managed to do that. And at the same time all

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this was happening, there were some negotiations about school finance.

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Speaker Burrows has said that you know, they were independent

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and there was no hostage taking, and the school finance

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package was just a tough, big, complex piece of legislation

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to put together. But I think there was definitely some

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criticism after the fact that school finance and THC got

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tied up together and we saw the House pass this

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full on ban and that is what ended up making

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it through the legislature, in addition to an expansion of

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the medical marijuana program.

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Speaker 1: Right, and so then there were all these calls for

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Abbot to build. People upset about the economic impact, people

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pointing to maybe the use of these substances by veterans

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dealing with various issues. Abbot kind of remains completely silent

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on this until this happens. So Jasper, are you surprised

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by Abbot's decision here?

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Speaker 3: You know, I would say I am. I mean I

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sort of from the beginning was that he would he

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would rather than sign or veto it, just kind of

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let it take effect. But you know, at the same time,

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if you just think of kind of the volume, the

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pitch of the opposition to this, you know that was

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coming from I mean, really the key is that that

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was coming from the right, which is you know what

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just you know, dictates a lot of the decision making

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by by Republican lawmakers who are running the state right now.

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It's it's is this how is this issue going to

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play out in upcoming primaries in you know, I think

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Governor might have sensed a you know, potential political liability

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for you know, folks in his own party. So I

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think it's he just saw that like they kind of

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needed to not go back to square one, but just

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like sort of reset and come up with a version

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of this that might be less politically toxic. When you know,

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the march in May primaries roll around I'm not sure

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if this would have really been like a political killer

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at by itself as an issue, but so, you know,

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I'm surprised based on like what I expected at the beginning,

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but just given the kind of the volume of the

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chatter over the last few weeks and just the intensity

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of the pressure on the governor, you know, it sort

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of makes sense in retrospect.

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Speaker 1: Yeah, I've said this on the podcast before, but it's

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it's one of those things right where it's just very

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easy to draw a direct line to lawmakers decisions and

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impact on people's lives. Right, Like, these these products are

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available kind of all over the place. There's these stores everywhere,

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whether in like city downtowns or you know, small towns

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and everything like that, and they're going to be gone,

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right or they were going to be gone before this veto,

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And you know, people were upset about that, and they

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knew who to blame. It's not like one of those

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situations where you're having to kind of wade through and

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point fingers and explain like the complexities of school finance.

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Right it's like, this isn't going to be here, and

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it's because of these lawmakers that this happened, and maybe

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that has something to do with the decision. The question

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now is what will happen next, Kayla. Governor Abbott was

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pretty prescriptive in terms of what he wanted to see

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from lawmakers on this issue. Tell us a little bit

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about what he laid out for wanting to see.

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Speaker 2: He got about a long list of possible regulations. He

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suggested that lawmakers consider an approach similar to the way

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alcohol is regulated, with a particular agency looking over at

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certain rules, like again baring the sale of THHC products

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to miners, barring marketing and packaging that is meant to

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attract miners. I think he had, you know, something about

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not having stores in your schools, requiring testing at every

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phase of manufacturing and processing, you know, funding extra funding

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for law law enforcement to be able to enforce all

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these rules. So he has a fairly comprehensive list of

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proposed rules, and there are more than what I just listed. Again,

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a lot of them overlaped with what was in ken

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Kings Bill. But yeah, I guess they'll come back July

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twenty first, and this is the first thing on the agenda.

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I will have to see how open damp over clearer

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that it was a ban or bus throughout the regular session,

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you had forced to threaten a special if you didn't

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get his way if lawmakers did pass a regulatory bill.

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So they're gonna have to work through that.

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Speaker 3: Yeah, I will say, just jumping in real quick on

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Cayla mentioned the fact that it's on the table to

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you know, ban the sale to minors of these products.

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I think the fact that that needs still needs to

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be done for this industry really underscoes how it's kind

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of a free for all, you know, ad hoc system

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that's you know, that's been operating over the last six years,

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and why there has been kind of this clamor for

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something to get done this session. Just the fact that,

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you know, they passed the bill that ultimately allowed for

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this industry to proliferate, intending to boost the agriculture industry,

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so they didn't even bother to set you know, an

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eighteen or twenty one age limit. I think that just

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underscores how, you know, how much you know, regulatory clamor

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there is. And it also if we're thinking about what

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might come next, you know, I think even Democrats generally

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have been pretty on board with doing like some sort

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of regulation and the debate has really just all along

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been about the band versus regulation conversation.

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Speaker 1: Yes, but as Kayla kind of waived that there is

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another very influential and powerful statewide leader who will have

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a say in this, and out of course is Dan Patrick.

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You said in your story last night or I guess

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early this morning, Kayla, that he had listed this is

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what one of his top five bills of his career

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in terms of most important. He you know, called a

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press conference in which he was really blasting the media

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and other folks for you know, what he perceived as

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being critical of this bill. How is he going to

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react to this? Do you think how has he reacted already?

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Speaker 2: He seems pretty mad. Yeah, I don't think he's thrilled. Yeah.

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I mean he put out a pretty blistering statement immediately

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on Twitter last night after the Veto came out, called

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it a quote unquote late night Veto that he argued

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would leave law enforcement and people whose loved ones have

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been affected by high potency TC products leaving them feeling abandoned.

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So he's clearly disappointed. Some of his allies, like Tom

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ulliverson have come out with other statements saying they're disappointed.

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I'll be headed to his press conference in about an

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hour and a half from when we are speaking right now,

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and I think one of the main things we'll be

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looking at is just measuring like just how mad he is.

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Speaker 1: Well, you know, be careful. We all know that he

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threw some products that reporters the last press conference, so

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you know, just keep your head on a swivel as

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we go from there. I mean, it does seem though

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jasper like Dan Patrick might be unhappy about this, but

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he's going to be fixed with the decision of no

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regulation at all or regulation more aligning with what Governor

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Gravig Abbott does. So I mean, you know, he is

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not one who's afraid to play a game of chicken

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with the governor, but it does seem like the governor holds,

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you know, the most leverage in this situation.

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Speaker 3: Yeah, I think, I mean, it's going to be fascinating

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to see how he handles the situation, how Dan Patrick does,

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just because he has I think found success in the

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past kind of playing hardball on these seemingly intractable disputes,

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like if you think about the the property tax debacle

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after the twenty twenty three legislative session, that was kind

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of the only other real example of Governor Abbott and

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Lieutenant Governor Patrick really being publicly and very directly at

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odds over like a you know, a major policy issue.

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I can't I think of another example that really comes

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close to the THHD situation here, you know. But to

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your point, Matthew, like, it's you know, if tenant Governor

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Patrick comes out guns blazing and you know, just trying

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to take down Abbott over this issue, he risks you know,

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getting less of what he wanted you know, in the

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first place. So I think it's and he's a crafty politician,

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he's no doubt like considering you know, the stuff that

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we're talking about here. So I wouldn't be surprised if

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he comes out with, you know, at least by by

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the Dan Patrick standards, maybe a little bit more of

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a measured tone, just trying to you know, express his disappointment,

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but saying, you know, like he still does have another

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chance to you know, try to move the ball on

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this issue in you know, a month from now. So

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I don't think he's going to want to you know,

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establish a you know, kind of needlessly antagonistic relationship with

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the Governor heading in if it's only gonna you know,

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sour his chances.

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Speaker 1: Well, by the time most people are hearing this, that

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press conference will likely have happened. So check out text

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tribute dot or Kayla will have her story on it

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and you'll find out what happened there. It might be

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horribly wrong, who knows. Yeah, we'll see, we'll see. Well,

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you know, Jasper, I believe the last time you were

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on the podcast, you and I both predicted there would

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be no special session, and I think maybe even kind

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of rubbed it in with Eleanor that she predicted otherwise.

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Speaker 3: And I don't know what you're talking about.

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Speaker 1: Yes, we were wrong, and maybe it's for the best

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that Eleanor couldn't couldn't make it to this podcast. I mean.

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The other thing that sort of caught my I and

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I'm sure a lot of other people's eye about Abbot's

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announcement last night was the word initial when he said

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the initial list of agenda items. I guess first before

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we go on whether something might be added, Kila, did

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anything jump out to you about other things that will

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be on that initial list?

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Speaker 2: Not particularly, I don't think you know some of them.

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Looking at the veto statements there were just flaws in

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the bill or you know, some sort of tweaks that

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could be made. And I mean overall, there was a

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bunch of criminal justice bills that he vetoed entirely that

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are not on the special agenda yet, but you know,

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like none of them were major, major, major bills that

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anyone any of us have been following throughout the session.

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But like you said, that's an initial list. I think

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I wouldn't be super surprised if we saw something like

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bail pop up on there, or taxpayer funded local municipality

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or government lobbyer, and maybe redistricting. So I think we'll

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we'll see, and one of the means.

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Speaker 3: One of those Vito proclamation is nodded at that, Kayla, right,

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the possibility of a bail special session item. You know,

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he was kind of citing the failure of one of

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his bail priorities as you know, something that needs to

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happen first before one of those bipartisan criminal justice bills

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could get through.

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Speaker 1: So yeah, I think the big thing people are going

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to be wondering and talking about between now in July

359
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twenty first though, is what you mentioned, Kayla, redistricting, Right,

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It has been reported by US and others that there's

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been some pretty strong pressure from the White House to

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consider a mid term redistricting, specifically redrawing the congressional lines

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in an effort to maybe help Republicans nationwide hold on

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to the House. That is not on the list, but

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maybe it will be. Jasper, what do you think the

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state of play is there right now?

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Speaker 2: Yeah?

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Speaker 3: I think well, first of all, you know, baseline understanding

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here is like the governor can add an item to

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the special session call at any point. You know, these

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things can last up to thirty days, sometimes less. But

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you know, this very much is not that's not necessarily

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the end of the agenda. I think, you know, it's

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been pretty clear that Abbott is kind of waiting to

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take his cues from what however, you know, kind of

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the Trump political team and the Texas Republican delegation in

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DC kind of how they work out this situation. You know,

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I think the Governor has kind of been signaling you know,

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you guys handle this and I'll just go with the

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sort of the way the winds are blowing. And what

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we have seen is that the Texas Republicans are you know,

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not super jazzed about the idea. They are worried about

383
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spreading them their districts too thin ahead of you know,

384
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it could be a tough mid term cycle. So it's

385
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you know, but we've also gone some medication that you know,

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they might not be thrilled about it, but they're still

387
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likely to go along with it if if Trump the

388
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Trump folks stand their ground, which is kind of I

389
00:22:21,119 --> 00:22:23,880
don't know a microcosm of how most of these congressional

390
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White House relations play out, so all you know, kind

391
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of the the expectation right now is that this is

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going to happen and that it probably would get added

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to the special session call, you know, at some point.

394
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But you know, it's also possible that this is done

395
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in a separate session. You know, we had what four

396
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of them last year and earth and then three of

397
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them the year before, so it's this could just be

398
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the first of multiple I don't want to jinx us,

399
00:22:52,759 --> 00:22:55,000
but it's always a possibility. Yeah.

400
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Speaker 1: It's just such a fascinating dynamic because I can't say

401
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that I've spoken to any Republicans rely who think this

402
00:23:01,240 --> 00:23:04,960
is a particularly good idea for the Texas delegation. Right

403
00:23:05,279 --> 00:23:09,039
many look back at last decade. We wrote a story

404
00:23:09,079 --> 00:23:11,039
about this back at the time about how, you know,

405
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Republicans got really ambitious in the Texas House, trying to

406
00:23:14,559 --> 00:23:18,039
hold on and expand their majority by drawing a bunch

407
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of seats in Dallas County that were attractive to them.

408
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But what they did was they spread out their voters

409
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so much that by the end of the decade, Democrats

410
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had essentially won every seat in that county. They got

411
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a little bit overly greedy when they redrew the lines

412
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this past time. For the current district lines, they really

413
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emphasized longevity and you know, as opposed to adding more seats,

414
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and that was a conscious decision to avoid being put

415
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in a tough position at the later part of the decade.

416
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But I think the big question is, right, when the president,

417
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who clearly controls so much and has so much influence

418
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over your voters, is asking something, can you say no

419
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to them? I'm very excited to see. I think the

420
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other question here is, you know, how would Democrats participate

421
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right because they still have the ability to do a

422
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quorum break. I was in San Antonio last week interviewing

423
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some members of the San Antonio delegation. I asked them

424
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about this possibility. Senator Menandez, I'm quoting him. He said,

425
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I don't know why any Democrat would show up to

426
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a special session where that's what you would do. Speaking

427
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of the redisserting Representative Ray Lopez coyly saying, I've been

428
00:24:36,960 --> 00:24:40,119
known to leave before when the issue is a BS issue,

429
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when democracy is at stake, you cannot put a penalty

430
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on me that will keep me from exercising my voice,

431
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and if that means walking away, not showing up, and

432
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then he sort of tailed off. But I mean, pretty

433
00:24:53,400 --> 00:24:55,920
strong signals that they would not be interested in playing

434
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a game. But it's interesting because now they need to

435
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come back to deal with some of these issues. So

436
00:25:02,640 --> 00:25:05,039
I think there will be an interesting little game to

437
00:25:05,119 --> 00:25:08,839
be played here about you know, who shows up, when

438
00:25:10,000 --> 00:25:12,160
do you disappear? If you add it to the call,

439
00:25:12,279 --> 00:25:15,640
When do you add it to the call? We don't know,

440
00:25:15,720 --> 00:25:19,000
but it's going to be incredibly fascinating to watch.

441
00:25:19,400 --> 00:25:22,640
Speaker 3: Yeah, you could easily see some of those congressional Republicans,

442
00:25:23,079 --> 00:25:25,400
you know, going along with this because they don't want

443
00:25:25,400 --> 00:25:29,160
to upset the Trump administration. Then almost kind of hoping

444
00:25:29,279 --> 00:25:33,559
or banking on the Democrats, you know, holding out in

445
00:25:34,000 --> 00:25:35,880
Austin so they don't have to worry about it. And

446
00:25:36,079 --> 00:25:38,799
it's also interesting that like for example, Pete said, you know,

447
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you were talking aboutthew about past examples of Republicans stretching

448
00:25:42,160 --> 00:25:44,720
themselves too thin, like Eat Sessions is one of the

449
00:25:46,000 --> 00:25:49,440
kind of the more seasoned Republicans in Congress from Texas,

450
00:25:49,440 --> 00:25:52,200
and one of the leaders is MI understanding of, you know,

451
00:25:52,240 --> 00:25:55,480
in some of these talks, and he is like a

452
00:25:55,519 --> 00:25:58,599
prime example of somebody who lost his seat in twenty

453
00:25:58,640 --> 00:26:02,119
eighteen to call it all read after that, you know,

454
00:26:02,160 --> 00:26:06,039
in a district that radically changed from you know, reach

455
00:26:06,240 --> 00:26:08,119
from when the lines were drawn at the beginning of

456
00:26:08,160 --> 00:26:11,359
that decade. So, you know, I think there's there are

457
00:26:11,359 --> 00:26:15,960
some fresh memories in the delegation about you know, Lizzy

458
00:26:16,000 --> 00:26:18,400
Fletcher beating John Colberson as well. I think they're trying

459
00:26:18,440 --> 00:26:19,920
to avoid those situations.

460
00:26:20,839 --> 00:26:24,440
Speaker 2: He saw Hakeem Jeffries, who's the Democratic Minority lea leader,

461
00:26:24,559 --> 00:26:28,200
also sort of he wasn't necessarily bullish, I think, but

462
00:26:28,400 --> 00:26:32,279
he pointed out, you know, like this could actually potentially

463
00:26:32,759 --> 00:26:36,119
benefit Democrats if they're not careful enough, and you know,

464
00:26:36,119 --> 00:26:39,359
you create situations where Democrats do have an edge and

465
00:26:39,559 --> 00:26:41,200
possible opportunity to win.

466
00:26:41,839 --> 00:26:45,039
Speaker 1: Right exactly. It's really both sides will have their own

467
00:26:45,160 --> 00:26:47,880
kind of like, you know, how much do you want

468
00:26:47,880 --> 00:26:52,079
to gamble on this decision to make? If indeed they

469
00:26:52,119 --> 00:26:54,920
go through with that, there will be plenty of time

470
00:26:55,079 --> 00:26:59,519
to talk about that if they do. Lots of everyone's

471
00:26:59,559 --> 00:27:03,920
favorite topic, redistricting that you know, few things can cause

472
00:27:04,000 --> 00:27:07,400
someone to buck their president or you know, decide not

473
00:27:07,480 --> 00:27:10,119
to show up more than you know the lines that

474
00:27:10,240 --> 00:27:12,640
determine whether they get to keep their seats or not.

475
00:27:12,920 --> 00:27:16,799
So that'll be a fun one. This THC fight will

476
00:27:16,839 --> 00:27:18,640
be a fun one. I'm sure we will see other

477
00:27:18,880 --> 00:27:22,160
fun things coming up in the meantime, but we will

478
00:27:22,200 --> 00:27:24,279
talk about those later because Kayla's got to go cover

479
00:27:24,319 --> 00:27:27,240
a press conference. Thank you Kayla for joining us, and

480
00:27:27,319 --> 00:27:31,759
thank you Jasper. Thank you to our producers, Rob and Chris.

481
00:27:32,000 --> 00:27:35,000
We will hopefully be back to our regular schedule next

482
00:27:35,039 --> 00:27:38,079
week and hopefully we will not be working until three

483
00:27:38,119 --> 00:27:41,440
am the night before. Talk to y'all next week.

