Down but not out
Gov. Greg Abbott may have lost the latest legal round, but his options, while slim, are far from over to keep the floating buoy barrier in the Rio Grande.
Abbott said Texas plans to petition the U.S. 5th Circuit Court of Appeals to reconsider its decision last week upholding a lower court's order to remove the barriers. The state has two weeks to file that petition, which could prolong the time the buoys are in place near Eagle Pass, where they have been in the river since July.
"And if we lose there we will be taking that to the United States Supreme Court," Abbott told FOX News host Maria Bartiromo in an interview on Sunday.
That could push back any removal date until well into January.
Requesting a new hearing by the full court, called an en banc review, could be an uphill climb. Appeals courts rarely accept them, said Carl Tobias, of the University of Richmond School of Law. Last year, the 5th Circuit granted just nine en banc petitions out of more than 200.
More in my latest here.
Who's up, who's down
Up: Irma Carrillo Ramirez.
The Texas native who was raised just south of Lubbock won overwhelming support in the U.S. Senate to become the newest member of the 5th District Court of Appeals today. She becomes the first Latina on the influential court. Both U.S. Sens. John Cornyn and Ted Cruz voted for her confirmation. Check out Benjamin Wermund's piece on how she went from picking cotton to becoming a respected judge.
Down: Sheila Jackson Lee.
Down to the final week of her campaign to become mayor, the Houston Democrat ran an ad that asked people to vote for her on Dec. 7. The problem? Election Day is Dec. 9.
What do you think? Hit reply and let me know.
What else is going on in Texas
 Photo by: Elizabeth Conley, Staff Photographer | | John Whitmire and Sheila Jackson Lee pledged to protect Houston's marginalized communities from gentrification, environmental hazards and traffic deaths. | |
 Photo by: KIN MAN HUI/SAN ANTONIO EXPRESS-NEWS | | State leaders hope the transition to community-based care will localize services and increase positive outcomes for foster children. | |
 Photo by: Andrew Harnik, AP | | Experts found the 13% cut Biden cited to be speculative, though plausible — but there isn't enough detail to really know. | |
 Photo by: Mark J. Terrill, AP | | Burgum blamed the RNC for arbitrary debate qualifications in dropping his campaign before the fourth presidential debate on Wednesday in Alabama. | |
 Photo by: Associated Press | | A Texas man has been indicted after the feds found he was hauling 187 firearms in a hidden truck compartment at the border in Del Rio. | |
Pick of the day
That's the vote by the Republican Party of Texas to strip language from a resolution that would have barred the party from associating with people or organizations that "espouse antisemitism, pro-Nazi sympathies, or Holocaust denial." Reporter Cayla Harris reports the RPT still passed a resolution in support of Israel and condemning antisemitism.
What else I'm reading
In Juarez, Mexico, police have for years said much of the violence they face is gang-on-gang crimes. But Julian Resendiz at Border Report dives deep into the issue finding that ordinary citizens are now experiencing the terror of the drug cartels.
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