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Texas, the Eyes of Justice Are Upon You
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 a thousand dollars tuition for the 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 5th, 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 U.S. 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 reelection? 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.

64 Comments so far
Show AllBeing a republican obviously means participating in a never ending competition to prove who can be the cruelest, most heartless, and most inhumane monster on the planet.
I don't believe in Hell but bastards like Rick Perry and the savage cretins who keep him in office make me wish with all my heart that one awaits them.
q
Thanks for not consigning all Texans to the garbage bucket. Folks should take a critical look at their own states before critiquing others.
Henry8, thanks for being the Common Dreams Texas poster boy of hypocrisy and denial. To be fair Henry8 could live anywhere while plying his trade as meister of contradiction.
There are some Texans on this site who don't share all or some of Henry8's views but Texas is a diverse state by and large so no two Texans are the same. It's kind of like Florida I think. I wish there were some way to get it blue and I hear it's supposed to be as easy as Florida. I still can't believe Virginia went blue while Texas didn't.
You know I really do believe they already live in the hell they have made for themselves. The hate, anger and vindictive revenge-seeking paranoia must eat at them day and night. Oh they no doubt would deny their delusions but delusions they are. Many like Gov Perry (and the TX. Gov he followed) view the world in a 'them and us' way. There is no comapassion, no attempt to walk a mile in some else's shoes, it must be a terrible way to exist no matter what one tries to surround oneself with to block reality. Their's is a very sad and lonely world. Unforunatley it is a world that impacts our's in a very cruel and unforgiving way. Perry et al might have their 'reward' today....but tomorrow?
marlborough
Were you born this ignorant or did you have to work hard to raise youself to this level of stupidity?
Snappy reply, Henry. Now every morning stand in front of the mirror and repeat this 3 times.
You probably consider yourself a Christian also.
I've reported your comment.
What's dreadful is that they don't.
They live comfortable lives untouched by sleeplessness, nightmares, worries, or second thoughts. The reason being, if they had a human conscience to trouble them, they wouldn't behave as they do.
They act the way they do precisely because they are everything real in their own universe, and the rest of us are nothing, just two-dimensional cutouts to be used and disposed of at will. Paper dolls. We can be dangerous if handled carelessly, the way a piece of paper can give us a nasty paper cut, but our pains and sadnesses have no effect on them whatsoever. We are nothing but shadowy creatures in the story, the story in which they are everything, deserve everything, have the right to everything.
Mairead,
I'm afraid that over the years I have had to revise my view to yours. That is because I now understand that there are entities called sociopaths and psychopaths, neither of which think like the rest of us. It is very hard to wrap our minds around the thinking that motivates the persons you have so accurately described but I believe once we become aware of them, we are obligated to constantly re-remind ourselves of the facts. This is to defend those who are smaller, weaker, less able to fend for themselves against these monsters in human guise.
Few things have changed in Texas since the following 'quote' was first issued, by one of the highest regarded Texas 'heroes'. There are many good people in Texas, just not enough of them to make the needed differences required to make the needed changes.
"You will compel all tribes to come in for peace talks, when this is accomplished kill all of the grown Indians and sell the children as slaves to defer the costs." (1863)
John Baylor
Confederate Governor of Texas
Founder of Baylor University
"Texans are the worst form of white man there is"
Tom Horn US Army Scout who talked Geronimo into surrendering after Texas who had held his family as 'hostages' offered them for public execution if he did not surrender.
It must be something in their polluted water and air; or just part of the 'madness required of the individual' to be a member of the 'group' known as 'Texans'.
I was born there, in the middle of the last century; and little has changed even since then.
William Wayne Justice was one of the truly great people who by accident were Texans.
It's the damned chiggers! Get enough of them red buggers in the bands of your drawers and the itch will send you over the edge.
"There are many good people in Texas, just not enough of them to make the needed differences required to make the needed changes."
By God NativeSon, thats high praise indeed coming from you. And no matter if you include me in that group or not (I'm sure you don't, but hope springs erternal!) but the statement about many good people puts you far above the stereotyping and ignorant comments I've seen here today.
Tom Horn may or may not have been right back then (don't forget he was hanged for murder)but he isn't right today.
May you have a great weekend.
You seem like one of the good people that your home state has produced and I am somewhat curious if you still live there.
Sadly, the insanity that passes for the mind-set of too many in your home state cannot be attributed solely to pollution. Tis true that Texas consistently ranks near the top nationally in carcenogenic emissions, but this does not account for its murderous-mindset which began when the environment was relatively pristine by today's standards.
That said, many types of chemcal releases have been scientifically proven to effect changes in DNA thus causing or exacerbating deficiencies. While this is ocurring in varying degrees in all states, one can reasonably assume that imbalances will be more pronounced in states where pullution is rampant.
Perhaps Mr. Justice ate organically grown food and/ or didn't breathe the air in Houston, in any event, the state won't likely see anyone in a position of power with his reasoned intellect for some time to come.. if ever.
I at times consider the old testament of the bible in terms of reciprocity - of the christ saying, that which you do to the least of amongst you, you do to me.
The central notion in christianity is to live like the christ - to internalize the choice of dynamics one engages and to do so from a central core of love.
From this perspective, the externalized actions, made by choice, are the expression of what has alredy occurred in the soul of the actor.
There is a rhetorical convention in oral transmission of wisdom, which preceded the written word, of repetition in cyclical reiteration of the central idea, connecting it within the scope of experience and shared precepts. This makes it possible to remember without writing. The necessity of making connections, if one considers agrarian life, were focused very differently than the media of today.
The meaning of the 'word' becomes an amazing area of contemplation that goes beyond any possession of religious institution.
When awareness of this is lacking, the cyclical reiteration does not cease from functioning, but the content can and frequently does become malignant.
Ten words or less. Please.
How the heck did someone with sense sneak into this string?
Ahoy Texas bashers, come on over to Kansas. Texas will look liberal once you get a sweet taste of Kansas.
Texas murdered an innocent man. Justice demands that those responsible be executed.
Twaddle is as twaddle does.
Are you suggesting that the execution of innocent people is a subject unworthy of consideration?
q
Time to demand that Texas secede from these here Yewnited States of America!
Don't forget to include Louisiana. Better yet, let's also include Oklahoma, Kansas, Nebraska, Arkansas, Alabama, Mississippi, Georgia, Florida, South Carolina, Tennessee, Kentucky, Idaho, Utah, North and South Dakota, Wyoming, and Alaska.
Bennett Miller
Shreveport, LA
Make it easy - just kick DC out.
We could relocate the nation's capital from DC to Topeka or St Louis and make it geographically heart and center. Our Founding Fathers moved the nation's capital. Why can't our current leaders?
P.S.: Ok, I hate traffic jams in St Louis and wouldn't want it to be any worse but people from all sides can keep a stronger check on the pols. :)
Great idea. Then where do the rest get their energy, materials, food? Guess the "Green" revolution would have to do some drilling and refining in their own states huh?
Mankind did just fine before the age of oil. It will do just fine once the age of oil ends. I for one still believe that Texas will be better off not doing anymore drilling. Most of our oil comes from the Middle East anyway and the oil fields throughout this country peaked for the most part in the 1970s. Businesses will learn to adjust accordingly and there will be more local jobs which don't require grueling travel and bloody traffic jams. Materials and food will be grown locally and those "free" trade scams will be repealed so that local growth and quality manufacturing will be rewarded over "cheap" labor and production. Some have also pointed out growing hemp and algae for oil and improving public transportation infrastructure and conservation efforts. Taken together, what could go wrong?
I like the way you have so much good advice and consideration for the lives of other people. You're attitude of "they'll learn a better way of life" isn't at all condescending or arrogant.
I don't want any state to secede. Some of the older methods of living that were unfortunately abandoned for shortcuts need to be brought back seriously. I have talked to Henry8 before and while he's nice, sometimes some of what he says can make me puke. I once questioned him about all that oil drilling in Texas and the long term damage to the environment it has done and he denies it just like he goes nuts denying global warming. Others on this site who are from Texas and even my own conservative relatives from that state are unable to deny the fact that oil drilling has ruined much of the land's beauty and made it dangerously unhealthy. I feel sorry for that state. All that "drill drill drill baby" lame talk is not the answer.
We left on our own once, and the damn Yankees started an illegal war of aggression and occupation. After they declared "Mission Accomplished", they been kickin' the crap out of us ever since. Let my people go!
Of course you conveniently avoided mentioning that your people were racist slavers.
There were racist slave owners in the south and racist slave traders in the north.
The suggestion was that Texas was mistakenly let into the Union. I pointed out that Texas was in fact FORCIBLY impelled into the Union.
Your point about slavery merely reinforces my point; if you didn't like what you were getting, why make war to keep us?
"
Your point about slavery merely reinforces my point; if you didn't like what you were getting, why make war to keep us?"
Of course, "us" means white slave owners. The slaves are just property, animals who have no say in what happens to them.
Works for me. We'd be better off.
I didn't know that Perry has killed more people than W did during his time. Wow, that is REALLY something to be proud of, Texas. The two highest positions of murdering governors in history come from YOUR state.
Meanwhile, you have the lowest test scores for your kids in the nation, your health care situation is likewise at the very bottom of the heap, and your "justice" system is being led by people who seem to get a perverse thrill out of legal murder. God, how did we let YOU into the Union?
Well, take a good look at this particular Union.
A. You'll find tyhat the lowest test scores are in California, by far and many others below us.
Our health care system is far better than 41 other states.
You should really try to get your facts straight for a change. Declarations are not facts. We'd be glad to say goodbye to the type of people that can't take care of themselves.
How did we get hooked up with so many losers?
If you'll recall WJM, Texas tried to leave the union once. Ya'll made war and occupied us and made us come back.
If you'll recall waltdimm, your precious Texas and all the southern states that left were racist slave states.
Not surprising to know that you support racism and slavery.
rfloh
ad hominim attacks are unworthy. Slavery was a blight on the entire nation, North and South. I have never supported it nor did my family in the days of the War. I checked.
The point, made in a post above, was that Texas and other southern states would happily have left the Union, but an illegal war of aggression was waged to compel them to remain. You got what you fought for. QYB.
The point which you conveniently avoid mentioning in your posts, is that the Slave States had no right to secede. The slaves of those states were just as much citizens of the Slave States as the slave owners. The slaves of those states had just as much right as the slave owners to decide whether they wanted to secede or not. The wealth of the Slave States belonged just as much to the slaves as it did to the slave owners.
Supporting the right of the Slave States to secede without the slave owners freeing the slaves, without the slave owners fairly compensating the slaves for the decades of slavery, is supporting racism and slavery.
And no, pointing out your support of slavery isn't an ad hominem attack, since slavery has direct relation to your post.
What would rfloh have done?
Starting from the point when the US Constitution was negotiated, what should have happened? At that point in time, slave-holding existed in nearly every state, and slave-trading in the rest. Take it from there and "fix" the problem. You say that the slave states had no right to secede. If a state can voluntarily join a union, can it not in the same way voluntarily peaceably leave that union?
I don't support slavery as a humane practice. My family, as far back as I can trace (pre-1830's) didn't support slavery, and we made our living by our own toil. You may be surprised to find that most southerners lived by their own sweat as well. Why then, did Sherman find it necessary to burn and steal from everyone in his path, including my ancestors? Our family was so devastated that we left in one wagon, carrying everything we had remaining, and left the USA. Ethnic cleansing indeed.
"Take it from there and "fix" the problem."
Yes fix the problem. Free the slaves. Compensate them for their labour and slavery. If that means that slave owners lose the shirts off their backs, too bad.
"You say that the slave states had no right to secede. If a state can voluntarily join a union, can it not in the same way voluntarily peaceably leave that union?"
After the Slave States had freed their slaves, and after they had fairly compensated them for their labour and slavery.
You keep avoiding the fact that in your scenario, your beloved Slave States are treating the slaves as mindless animals. Property.
"I don't support slavery as a humane practice. My family, as far back as I can trace (pre-1830's) didn't support slavery, and we made our living by our own toil. You may be surprised to find that most southerners lived by their own sweat as well. Why then, did Sherman find it necessary to burn and steal from everyone in his path, including my ancestors? Our family was so devastated that we left in one wagon, carrying everything we had remaining, and left the USA. Ethnic cleansing indeed."
In that case, since most southerners lived by their own sweat, why did they support slavery? Why did they fight a war to continue it? Why were they so adamant in having slavery continue? Why did they pass a whole passel of laws after the war was over that basically reinstated slavery, by treating blacks as indentured serfs, until WW2?
Texas, like the rest of this good-old-white-boy country, was founded on genocide and slavery. Wealthy white men, who got their riches off the backs of slaves and the poor, founded an empire, and called it a democracy. That empire is now falling apart, and the sooner the better. Once it is gone, we can create a new world, a true democracy, and begin to live in peace.
Racists like you make me sick. Aside from which your ignorance of history is embarrassing.
Like what ignorance of history? I hate to break it to you, but without genocide and slavery, the United States simply would not exist. Read a good book on it - like "A Little Matter of Genocide," by Ward Churchill.
"The eyes of Texas are upon you
"All the live long day
"The eyes of Texas are upon you
"You cannot get away"
Who in their right mind would find this sentiment comforting or safe?
It frightens me out of my wits, especially now that the disease has spread to a national level. I understand that the NSA can hear everything you say through your cell phone even if it is turned off.
My only salvation probably lies in the fact that I'm just to unimportant to bother with.
Where is a good place to go before it is too late?
You. I'm surprised at.
Really? When have I ever romanticized being spied upon on a 24/7 basis by a bureaucracy? The bureaucracy, whether ecclesiastical, corporate, or governmental will always repeat the cliche "You shouldn't mind if you have nothing to hide".
I have nothing to hide that is any of their business and I damn well do mind.
The problem that Bill Moyers, a great Texan if there ever was one, misses here is: the vast majority of Texans don't give a damn if innocent people are executed in Huntsville or murdered by Predator drones and "smart bombs" around the world.
This is very much a state where killing for sport and killing in general are extolled as virtues, not vices. Violence is embraced for its own sake, glorified and promoted as a serious cultural value and norm.
And I'm afraid, this is true of much of the rest of the U.S., though not quite as enthusiastically. We are not only a culture of death; death is a part of the dialectic of living.
We have become a culture of killing and murder: active aggressive violence against other human beings, especially those who are weaker and smaller than us, or those who don't see it coming, or those we can kill from behind or above and are without the ability to defend themselves.
Have a nice day,
tj
a damned Yankee residing in austin, tx
Actually, I have to apologize to Mr. Moyers. He does say what I said he missed. And certainly the wonderful and courageous life and work of William Wayne Justice should be noted in any contemporary mention of justice (and the lack of it) in Texas today.
Moyers' language is more nuanced than mine because I still live in this moral sewer that pretends it's a state worthy of being. And he's certainly a better writer than I am.
So forgive me Bill Moyers (even though you're a born Texan and as you say, forgiveness is not a large facet of the Texan cultural character.)
I do stand, however, on my initial point that Texans don't really give a damn about the deaths of innocents -- or the death of innocence itself. The vast majority probably consider it to be a weakness.
tj