Good morning, 

We’re passing the two-month anniversary of the government-imposed economic shutdown, raising questions about the rule of law.

But first, here is today's Texas Minute.

– Michael Quinn Sullivan 

Wednesday, May 13, 2020
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• In letters addressed to the leaders of three Texas counties (Dallas, Bexar, and Travis) and two mayors (San Antonio and Austin), Texas Attorney General Ken Paxton took aim at the “unconstitutional and unlawful” they are issuing. Brandon Waltens has the details.
       
• “Unfortunately, a few Texas counties and cities seem to have confused recommendations with requirements and have grossly exceeded state law to impose their own will on private citizens and businesses.” – Attorney General Ken Paxton
      
• Paxton warns that recently passed public health orders by those localities “are unlawful and can confuse law-abiding citizens.” He takes specific aim at their prohibitions on in-person worship gatherings. Local officials have tried to constrain worship services, attempting to supersede the state’s authority.
       
• The attorney general warns that mandatory mask orders are unlawful and are only a recommendation – not a mandate – from the state.
       
• In yesterday’s Texas Minute, we noted the Austin mayor’s desire for every business to track customers. Paxton described that idea as “Orwellian” in his letter to Austin and Travis County.

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• A physician treating patients infected with the Chinese coronavirus says she ran into interference from state bureaucrats, but Republican State Sen. Bob Hall (Edgewood) was able to clear the way. Robert Montoya has the details.
      
• Dr. Ivette Lozano found her ability to prescribe affordable medications – Hydroxychloroquine and Zithromax – to successfully treat her coronavirus patients was imperiled by orders from the Texas State Board of Pharmacy. Using these drugs to treat the coronavirus is considered an "off-label" use, which doctors are normally allowed to do. The bureaucrats ordered pharmacists to only fill prescriptions when the doctor listed a diagnosis to ensure the drugs were only prescribed for on-label uses. Lozana says this is a violation of federal law protecting patient confidentiality, and sought help from Sen. Bob Hall.
      
• After Sen. Hall demanded an explanation, the Texas State Board of Pharmacy backed down and rescinded orders blocking off-label use – freeing doctors and pharmacists to treat patients as they deemed appropriate.  For now, though, doctors are still required to provide a written diagnosis along with the prescription.
      
• “The Texas Pharmacy Board wants to protect the pharmaceutical business by keeping the existing drugs from being used so the pharmacy companies can develop a new, more expensive drug and make lots of money.” – State Sen. Bob Hall (R-Edgewood)

• Need a quick laugh? Check out this 2 minute video by Kevin James, taking aim at the pandemic-driven police state.
      
• Amid mail-in ballot controversies, Harris County’s top election official – County Clerk Diane Trautman – has resigned. Erin Anderson reports the resignation comes just days after Trautman reversed course on expanding mail-ballot voting in the county—a plan inspired by Texas Democrat Party lawsuits attempting to force universal vote-by-mail.
      
• Cops in the Dallas suburb of Carrollton are wanting to spend federal tax dollars to combat COVID-19... buying dune buggies and spy cameras to enforce social distancing. Yes, seriously. Erin Anderson has the details.
        
• Remember a few months ago when the state's Teacher Retirement System was discovered to have entered into a lavish lease spending $326,000 per month on luxury office space? After the massive outcry, they claimed they would wiggle out of it. Turns out the coronavirus economy might make that difficult. As Brandon Waltens reports, teachers and taxpayers might still be on the hook for that wasteful spending.
            
• In a new commentary, Bill Peacock explains that society is generally worse off when government officials make decisions that should have been left to the citizens – and this includes times of pandemic.

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