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The Texas Blue
Advancing Progressive Ideas

DeLaygate, Continued

The tangled web that keeps on giving continues to unravel: Earlier today, State District Judge Joe Hart ordered the lawsuit against the Texas Association of Business and Governor Rick Perry's former Chief of Staff/former TAB lobbyist Mike Toomey to move to trial.

The catch (there's always one of those, you know)? While the Texas Association of Business, its President Bill Hammond, its Government Relations officer Jack Campbell and lobbyist Mike Toomey will stand trial, the corporate donors behind the shady activities surrounding the 2002 Election in Texas will not stand trial. According to the Statesman article, they include:

* AT&T
* ALLSTATE INSURANCE COMPANY
* LIBERTY MUTUAL INSURANCE COMPANY
* GREAT WEST LIFE & ANNUITY INSURANCE
* CONNECTICUT GENERAL LIFE INSURANCE COMPANY
* GREAT WEST LIFE & ANNUITY INSURANCE
* TRAVELERS PROPERTY CASUALTY CORP.
* USA MANAGED CARE ORGANIZATION
* ALLIANCE FOR QUALITY NURSING HOME CARE, INC.
* J.F. THOMPSON, INC.
* AETNA, INC.
* FORTIS INSURANCE COMPANY d/b/a TIME INSURANCE COMPANY
* HUMANA INSURANCE COMPANY
* AMERICAN HEALTH CARE ASSOCIATION
* STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
* UNITED HEALTHCARE OF TX
* DANNENBAUM ENGINEERING
* UNITED HEALTH CARE OF TEXAS

Looking at that list, I think we ought to go back and have a look at what the Lege did over the course of the 78th, 79th and 80th sessions for insurance, health care and telecommunications. My guess is we won't have to dig very deep.

The trial will be held to determine whether or not the TAB and Mike Toomey constituted a political committee under Texas election law; if they did, then their claim that their attack ads were protected as free speech and therefore not covered under state election law would be void.

I'm pretty sure that the law has changed since 2002, but even if it hadn't changed, I'd still be stumped by it. One thing I've learned from trying to read up on human rights law is that it nearly always means something different than what I think it means.

I'm guessing election law is the same way. Curtis? Karl? Can anyone out there offer some insight? Help!

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