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Texas, the Eyes of Justice Are Upon You

by: Bill Moyers and Michael Winship, t r u t h o u t | Op-Ed

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(Photo Illustration: Lance Page / t r u t h o u t)

    On October 13, we lost a resolute champion of the law, a man who left his impact on the lives of untold numbers of Americans.

    His very name made his life's work almost inevitable, a matter of destiny. William Wayne Justice was a federal judge for the Eastern District of Texas. That's right, he was "Justice Justice." And he spent a distinguished legal career making sure that everyone - no matter their color or income or class - got a fair shake. As a former Texas lieutenant governor put it last week, "Judge Justice dragged Texas into the 20th century, God bless him."

    Dragged it kicking and screaming, for it was Justice who ordered Texas to integrate its public schools in 1971 - 17 years after the Supreme Court's Brown v. Board of Education decision made separate schools for blacks and whites unconstitutional. Texas resisted doing the right thing for as long as it could. Many of its segregated schools for African-American children were so poor they still had outhouses instead of indoor plumbing.

    This small town lawyer appointed to the federal bench by President Lyndon B. Johnson ordered Texas to open its public housing to everyone, regardless of their skin color. He looked at the state's "truly shocking conditions" in its juvenile detention system and said, repair it. He struck down state law that permitted public schools to charge as much as $1,000 tuition for children of illegal immigrants.

    And Justice demanded a top-to-bottom overhaul of Texas prisons, some of the most brutal and corrupt in the nation. He even held the state in contempt of court when he thought it was dragging its feet cleaning up a system where thousands of inmates slept on the dirty bare floors of their cellblocks and often went without medical care. The late, great Molly Ivins said, "He brought the United States Constitution to Texas."

    Some say that justice stings. William Wayne Justice certainly did - and his detractors stung back with death threats and hate mail. Carpenters refused to repair his house, beauty parlors denied service to his wife. There were cross burnings and constant calls for his impeachment.

    After he desegregated the schools, he was offered armed guards for protection. He turned them down and instead took lessons in self-defense.

    You need to understand that while so many Texans have fought and are fighting the good fight in the Judge Justice tradition, others believe in the law only when it sides with them. They long for the good old days of Judge Roy Bean, the saloonkeeper whose barroom court was known in the frontier days as "the law west of the Pecos." His judicial philosophy was simple: "Hang 'em first, try 'em later."

    The present governor of Texas seems to be channeling Judge Bean. During his nine years in office, Rick Perry - "Governor Goodhair" as Ivins called him - has presided over more than 200 executions, dwarfing the previous record of 152 set by his predecessor in the Governor's Mansion, George W. Bush. (The most, it is said, of any United States governor in modern history.)

    Lethal injection is practically a religious ritual in Texas. In fact, before their sentencing verdict that will send Khristian Oliver to die in just a couple of weeks - on November 5, to be exact - jurors in the East Texas town of Nacogdoches consulted the Bible and found what they were looking for in the Book of Numbers, where it reads, "The murderer shall surely be put to death," and, "The revenger of blood himself shall slay the murderer." Although it was noted that referencing holy writ was an inappropriate "external influence," two appeals courts upheld the jury's sentence and the US Supreme Court refused to hear the case.

    Governor Perry will do almost anything to please the vengeful crowd in the Coliseum with their thumbs turned down. Did we mention that next year he's up for re-election? When it turned out recently that five years ago the state may have wrongfully executed a man for a crime he didn't commit, Perry pulled some particularly shady moves.

    In February 2004, Cameron Todd Willingham was put to death for allegedly setting a fire that killed his three young daughters. Governor Perry has willfully ignored evidence from top arson investigators that the blaze was not homicide but an accident.

    Now Perry has fired the chairman and three members of the state's Forensic Science Commission just as they were about to hear further scientific testimony that might prove Willingham's innocence. This week, Perry told reporters that the controversy is "nothing more than propaganda from the anti-death penalty people across the country."

    They can be short on mercy in Texas. All the more reason to mourn the loss of Justice - William Wayne Justice. Rest in peace, your honor.

  

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Bill Moyers is managing editor and Michael Winship is senior writer of the weekly public affairs program, "Bill Moyers Journal," which airs Friday nights on PBS. Check local airtimes or comment at The Moyers Blog at www.pbs.org/moyers

Comments

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Outside of Austin and a

Outside of Austin and a couple of other places, damned if I know why any progressive would want to live in the sorry state of Texas. You'all enjoy the prosperity the oil industry and the military provide you, but don't be comin' up here to take our Great Lakes water, ya hear? Maybe you got more guns, but we got a lot of deer hunters here and they won't take kindly to pipin' off our water, especially if they've had a few brewskis (as they always seem to have had).

What's wrong with Texas? It

What's wrong with Texas? It has been blessed with a country that has exerted inordinate patience with its backwards, racist, killer ways and not only does it not improve it gets worse. Almost as if being evil, retarded and perverse was cool or macho - what an anchor to humanity!! Every time that we have to make a huge evolutionary step, we have to wait around till Texas cleans itself from the mud-pit it lives in, puts away child clothing, and presents itself to the table in a halfway civilized manner, just to watch it make a fool of itself and embarrass the rest of humanity from California to Cape Town to Calcutta. What a drag!!!!

Unless one has lived there,

Unless one has lived there, it is impossible to plumb the depth of the depravity of Texas culture: Texas may have the only courts in the nation that have functionally ruled that innocence is not a sufficient defense to execution. Sanctimoniously immoral, many Texans believe that their religiosity grants them an eternal license to sin for profit in the name of the savior. Like other Bible Belt states, Texas has divorce, teen-age pregnancy, and alchoholism rates far above the national averages. Texas businessmen tend to believe they have earned their pay as soon as they con their customers out of a check. In Texas, truth and promises are generally viewed as disposible tools to be used only when expedient to grab profit or power. Texas is one of those states that should have been allowed to seceed from the really united states and should be invited to try again.

From what we read and hear,

From what we read and hear, Texas is a terrifying place, especially if a person is poor, Black, Latino, immigrant, a school child, an inmate. And George Bush's tenure as president brought the Texas point of view into clear focus nationally. I wouldn't want Texas to secede, because I wouldn't want to leave innocent people to the mercy of these corrupt officials. I hope the Obama administration can help them to recognize the U.S. Constitution and laws.

I read a post elsewhere on

I read a post elsewhere on the internet blogs where a deranged poster threatened that if Texas were to succeed in seceding, they would have all the microchip, petroleum, and military industries in their secessionist state. Not so fast, Moose/Palin Breath!!! What you might not understand is all that will be taken OUT of your barren state, and you Texans get what's left... cacti, scorpions, loads of sand, and a few fish hatcheries! Now I also happen to know that there are more fair-minded citizens in Texas as a majority and they are mighty intelligent! Don't think for one minute that these progressive people are going to put up with the likes of Gov. Perrywinkle and his phony Republican crooks in the next few elections. I am amazed at the number of hillbillies in Texas and not a hill to show for it!! Really amazing!! Must be the small gene pool in the small cultures. Here's wishing the best to all decent Texans like the fine example of Justice Justice, and many, many great Texans in your past. Dakotahgeo

Texas brought dictatorship

Texas brought dictatorship to the U.S. presidency, and to the entire U.S. and the world, in the form of "George-Loves-Torture" (and Destruction of Freedom Nationally and Internationally, as well as Endless Mass Murder) Bush, and Perry probably wants to be the next President Bush. Even though the Demo-Socialist-crats are just as bad as the Repugnants, and just as, if not more, war mongering, thank God in a way that the DemoCONS have such a stranglehold on Congress so that probably won't happen. Because, God help us if a Bush-Perry-type gets into the office of U.S. president again. Obama is extremely bad enough, continuing the unitary executive dictatorship in the U.S., and the outlawed preemptive, Hitleresque warfare internationally, attacking mostly defenseless sovereign countries and slaughtering hundreds of thousands if not millions of innocent people, and now attacking a sovereign, so-called "ally" which has nuclear weapons, Pakistan, and mass murdering hundreds if not thousands of innocent villagers to get some "Taliban" that the U.S. CIA created to fight the Russians in Afghanistan in the 1980s. Yes, facetiously and/or sarcastically speaking, thank the U.S. government for "al-CIA-duh(!)", which includes both the creation of the Taliban and al Q'aeda (as well as Saddam Hussein); for, in highly Orwellian fashion, "we" create our own enemies to fight, slaughter, assassinate, rendition, imprison for years on end with presumption of guilt and without fair due process of law, and to torture; and so we can continue the endless war, "war is peace", "ignorance is strength" and "freedom is slavery". God, please, help us all.

Birth rates are a good

Birth rates are a good measure of a population's hope for the future. Non-white birth rates in Texas, as elsewhere, far outstrip the white pace, so it can't be all that bad for the downtrodden, now can it? As to attributing Texas' shortcomings to its residence in the Bible Belt -- well, received religion is not my cup of tea, but many of those states are also beneficiaries of demographic changes that can only warm the hearts of those waving the pom-poms for the "New America." So … be patient, libs. With the angry white male soon to be six feet under, you may get the utopia you hunger for. "God" help you when it arrives. (BTW, google "NYT Canadian Texas" for a profile of a TX town that busts hateful liberal stereotypes.)

All this bashing of Texas

All this bashing of Texas has great accuracy in it, except for the statement that a progressive should not live here. I'm a life-long Texan, proud of the good aspects of Texas and I stay here to do battle with the rest. Houston, Texas

credit/not coincidence=

credit/not coincidence= accomplished most successful assassination of USA Pres John F Kennedy,1962.

JFK -> LBJ! -> Vietnam!! ->

JFK -> LBJ! -> Vietnam!! -> Bush!!! -> 9/11!!!! -> Iraq!!!!! - Yuck!!!!!! Been there, don't like it.

yeah I agree you hear a lot

yeah I agree you hear a lot of bad stuff about Texas Bush in particuler comes to mind, but lets face it there some good thing like "RON PAUL" HE is FROM TEXAS, and we all better tell all of our friends to learn and know all that we can about DR. PAUL because I hope and pray that we (this country) will start going down the road at least per his ideas. He has not one that is bad. He says bring our troops home, because we can not protect our country from over there. Iraq 114,000 troops that coast 7.3 bill $$$'s, and that's a month only. It's incredible WE NEED RON PAUL.SO PUT YOU'R PIN WHERE IT COUNTS NEXT YEAR...................

As a native of Texas, I add

As a native of Texas, I add that the state has also given us Bill Moyers and Molly Ivins and Jim Hightower as a balance to Dubya, etc. I now enjoy living in the great state of Calif. which has given us Ronald Reagan and his promotion of unregulated capitalism which is the philosophical foundation of our current economic crisis. Countrywide Mortgage and IndyMac bank, two of the key institutions which have led us down the garden path of economic disaster, are California born and bred. And then there's the Bodybuilder whom we installed in the governor's office, Bush's chair of the SEC who totally failed to do his job as a regulator, etc.

Well, didn't know Texas was

Well, didn't know Texas was so bad. I suppose I owe an apology to the City of Marianna, Florida for thinking that they were a backward people. However, I now see that Texas was far behind this little town of about at the time 14,000 people. Three cheers for Marianna. Hip, Hip Hooray. Hip, Hip, Hooray. Hip, Hip, Hooray.

I grew up in Texas and was

I grew up in Texas and was proud of that until I lived elsewhere. The Judge Justice story is dated. A recent example was the case of a black man who spent 10 years in prison for rape, until DNA tests were conducted that proved him innocent. He was not released for several months because no judge in Northwest Texas would agree to a hearing because they didn't want to release a "convicted" rapist. They finally arranged a hearing in distant Austin and he was freed.

Texas is mostly red with

Texas is mostly red with little patches of blue (in the major cities, where the cable selection is better and the internet is faster). We do have some good places here in the state; candidate Obama held a rally just a few blocks from the Alamo. Of course, we also allow the nutcases in (Glenn Beck held his first "tea party" in front of the Alamo). Basically, if you are DWB (driving while Black) or DWH (driving while Hispanic), your best bet is to stay on the interstates and check into a motel in a major city.