The most recent polling numbers regarding the Texas gubernatorial race is rightfully giving Gov. Abbott severe indigestion with Beto O’Rourke trailing by only 7 points. In an effort to increase his standing among Texas voters, Gov. Abbott’s campaign recently launched political advertising that surprisingly focuses on the challenges that he has experienced and overcome with a physical disability that confined him to a wheel chair for the remainder of his life. Although well executed, the ad was likely launched as a tactic to distract public attention away from the series of blunders that have occurred under the administration of Gov. Abbott. Let’s first evaluate Abbott’s current campaign using the disability messaging tactic, then refresh your memory about the various blunders that he would like Texas voters to forget.
Why the Disability Message is Ill-Conceived: First, a bit of history about Gov. Abbott’s disability. When Abbott was 26 years old, he was injured
by a falling tree that fell on him while jogging. At that time, Texas did not
have a cap on personal injury lawsuits and Abbott was able to win a settlement up
to $9 million over his lifetime. In 2003, Texas capped pain and suffering
awards in medical malpractice lawsuits at $250,000 – legislation that was strongly
supported by Abbott, attorney general at that time, who was eagerly seeking
political support for his gubernatorial campaign. Critics, however, have
questioned how a man who received a multi-million dollar settlement after a
falling tree left him paralyzed and wheelchair bound could support caps on
medical malpractice awards. Gov. Abbott
justifies his position by pointing out that his settlement was not based on
medical malpractice and there is still no cap on non-medical injuries. Some legal
scholars, however, have a different point of view: [1]
“Charles M. Silver, a professor at the University of Texas at
Austin School of Law, said changes in personal injury law and a pro-defendant
posture in the judicial branch would still make such a large financial award
today substantially less likely.”
Like Gov. Abbott, there are many Texans
that have suffered personal injuries and forced to endure considerable pain and
suffering throughout their lives. However, there is no sound reason to limit
the settlement awards that these individuals deserve to help pay for medical
bills and sustain their families. As another legal expert explained:
“The ‘innocent victim’ Greg Abbott continues to enjoy the
benefits of an $11 million settlement while ‘politician’ Greg Abbott fights
against the rights of other victims by denying them the same rights afforded
him.” [2]
Gun Violence: Under Gov. Abbott’s administration, 19 mass shootings
have occurred in Texas since 1966, including the recent massacre of 19 children
and two teachers in Uvalde, Texas. Allowing
the sales of AR-15 assault rifles has unleashed the anger of so-called patriots
and Rambos who seem to delight in mass killings of Texas residents. As shown by the following figure, the number of killings from mass shootings have been
accelerating since 2015, a likely consequence of gun friendly legislation more
recently adopted under Gov. Abbott’s leadership. Killings for 2022 reflect only the first five
months of the year and likely to exceed all previous years assuming that no
future changes are made in Texas law related to gun control. Rather than advocate for gun control
legislation, Gov. Abbott has chosen to focus expanding access to mental health
services and encouraging teachers to arm themselves – both options that are
controversial and soundly rejected by law enforcement and safety experts.
Treatment of Immigrants: Gov. Abbott and his cronies have yet to appreciate the economic contribution that immigrants have made to the Texas economy and continue to find ways to reduce their presence in Texas – despite the fact that many of them are seeking asylum from dangerous conditions in their home countries. In 2016, the Texas State Comptroller’s Office conducted an analysis of the economic contributions of undocumented immigrants and concluded that the absence of the estimated 1.4 million undocumented immigrants in Texas in fiscal 2005 would have been a loss to Texas’ Gross State Product of $17.7 billion. [3] In 2019, Texas had the second largest immigrant population in the country with more than 4.9 million immigrants calling Texas home. The growth in the immigrant population has strengthened the Texas labor force and represented 21.9 percent of the state’s workforce in 2019. [4] The U.S. Patent and Trade Office also reported in 2020 that more than half of U.S. patents (53%) were issued to immigrants. [5] And experts have dispelled the commonly held notion that crime rises with increasing numbers of immigrants. As reported recently by the Cato Institute: [6]
“In 2018, the illegal
immigrant criminal conviction rate was 782 per 100,000 illegal immigrants, 535
per 100,000 legal immigrants, and 1,422 per 100,000 native‐born Americans. The illegal immigrant
criminal conviction rate was 45 percent below that of native‐born Americans in Texas.”
To demonstrate to the Biden administration
that the federal government was failing to control “rampant” immigration at the
Texas border, Gov. Abbott initiated a busing program to transport hundreds of immigrant
border crossers to cities like New York and Arizona – a program that has cost
Texas taxpayers an estimated $12 million and still continuing. Two other failed efforts initiated by Gov.
Abbott included the added inspection of trucks crossing the Texas border, which
resulted in significant delays and millions in losses in spoiled food; and
millions of taxpayer dollars that were re-allocated from the Dept. of Public
Safety to pay for a border wall that never achieved its stated objectives. Given
their economic contributions to the state and the high demand for workers, Gov.
Abbott’s unfriendly immigrant policies do not make much sense.
Inaction in Regulating the Power Grid: Despite the millions in damage to Texas homes and over 200 lives lost, energy experts state that Texas has not made significant upgrades to the Texas power grid and remains vulnerable to additional catastrophic events. Gov. Abbott has apparently not learned any lessons from the recent power grid failure and appears reluctant to lose favor with energy industry executives.
Restricting Women’s Reproductive
Rights: Perhaps the most significant
public policy to stain Gov. Abbott’s administration relates to the restrictive
abortion policies that severely restrict the reproductive rights of Texas
women. The zealous efforts by conservatives to save the lives of the unborn
flies in complete contradiction to their support of fewer restrictions on guns
that leads to the termination of life. Indeed, is it possible to be pro-life
and pro-death at the same time? Republicans
running for office in different primaries are learning the hard way that this will
be a show stopper for many women voters.
Thus, the disability message
initiated by Gov. Abbott’s campaign is misleading and intended to convince
Texas voters that he is somehow deserving of their support by overcoming his
physical disability – a distraction that overlooks the multi-million dollar
settlement that he obtained but has conveniently denied to other Texans who may
suffer catastrophic injuries. “It is not
the challenges of life that are important, but rather how you handle
those challenges” – a message that Abbott has repeated in his campaigns. It is clear that Abbott indeed handled his life
challenges: he sued and obtained a multi-million dollar settlement, then closed
the door on other Texans by endorsing a limit on personal injury settlements.
Gov. Abbott has
abandoned Texas residents in pursuit of misguided public policies. It is time for Gov. Abbott to move on and
allow another candidate the opportunity to improve the quality of life for
Texas residents by supporting more reasonable tort reform for victims of
personal injuries, gun control legislation that protects our children, women’s
reproductive rights, welcoming immigrants to help maintain the Texas economy,
and taking decisive action on improvements to the power grid.
References
[1] Oginski,
G. Politician who fought to cap medical malpractice
awards received huge personal injury settlement 30 years ago. Accessed at:
https://www.oginski-law.com/library/politician-who-fought-to-cap-medical-malpractice-awards-received-huge-personal-injury-settlement.cfm#:~:text=The%20insurance%20companies%20for%20the,to%20the%20cap%20Abbott%20supported.
[2]
Bello, M.M. (August 2013). Greg Abbott:
Tort reform hypocrite. Lawsuit
Funding News. Accessed at: https://lawsuitfinancial.legalexaminer.com/uncategorized/greg-abbott-tort-reform-hypocrite/
[3] Keaton,
C. (December 2016). Special Report by Texas Comptroller. Undocumented immigrants in Texas: A financial
analysis of the impact to the state budget and economy.
[4]
American Immigration Council (July 2022).
The economic contributions of immigrants in Texas. Accessed at: https://www.americanimmigrationcouncil.org/research/economic-contributions-immigrants-texas
[5] U.S.
Patent Statistics Chart Calendar Years 1963 – 2020. U.S. Patent and Trademark
Office, Patent Technology Monitoring Team.
Accessed at: https://www.uspto.gov/web/offices/ac/ido/oeip/taf/us_stat.htm
[6] Nowrasteh,
A. (October 2020). New research on illegal immigration and crime. CATO
Institute. Accessed at: https://www.cato.org/blog/new-research-illegal-immigration-crime-0#:~:text=In%202018%2C%20the%20illegal%20immigrant,%E2%80%8Bborn%20Americans%20in%20Texas.
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