In today's Brief: Texas Supreme Court Justice Don Willett took tough questioning over his social media posts, and Texans are split over the state’s transportation agency eyeing a way to use tax dollars on highways with toll lanes next to them. 
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ARE TWO TEXANS HEADED TO THE FEDERAL BENCH?

All eyes were on Texas Supreme Court Justice Don Willett during a U.S. Senate Judiciary Committee confirmation hearing for a possible seat on the U.S. 5th Circuit Court of Appeals. 

A few senators bumped heads with Willett for his outsized social media presence and a couple of controversial tweets — including one where he said he "could support recognizing a constitutional right to marry bacon." The "Tweeter Laureate" told the committee that if he's confirmed to the bench and goes back to tweeting, he'll focus on civic education that's "above the fray."

Keep in mind: The slots that President Donald Trump nominated Willett and Dallas attorney James Ho to have been vacant for years. If the nominees win the judiciary committee's approval, then a vote in the full U.S. Senate is next — and that likely won't happen before December. 
 

AND NOW FOR A FIGHT OVER TEXAS TOLL ROADS

Texas voters in 2014 and 2015 overwhelmingly passed constitutional amendments to spend billions of tax dollars on new state transportation projects, thinking it would close the curtain on toll lanes popping up alongside Texas highways. 

But now, the state's transportation agency is eyeing an accounting trick to scramble the funds and add toll lanes when it rebuilds or expands the state's highways.

Some transportation officials don't see a problem with the agency's new financing plan — but a state lawmaker is asking the attorney general to decide whether it's constitutional in the first place.


We're testing a few changes around here. What do you think? Send your thoughts to thebrief@texastribune.org. 

BEST OF THE TRIB

• A new state law is making certain cities get consent from a majority of property owners before annexing their land. 

• In what seemed like a #txlege flashback, some Texas business leaders told a House panel on Wednesday they don't think the "bathroom bill" is a great idea for the state's economy. 

• Vice President Mike Pence talked about the GOP's tax reform proposal and Hurricane Harvey recovery while in Austin on Wednesday. 

• New in TribTalk: A tax bill that flunks the educator test
 

TUNE IN

Did you miss this week's TribCast? Catch up here, and subscribe on iTunes or follow us on SoundCloud. 

BEST OF THE REST

Paywall content noted with $.

Texas Standard: Untapped: The new West Texas

Texas Observer: Top 1 percent of Texas commodity farmers get quarter of $1.6 billion in subsidies 

Fort Worth Star-Telegram: Barton goes to bat on GOP tax bill to help Arlington dodge added stadium costs

The Austin American-Statesman: Fulmore Middle School protesters: Teacher told student 'Go back to Mexico' ($)

El Paso Times: Inmate's death sparks El Paso jail inquiry; 2 officers arrested after failed inspection ($)

The Dallas Morning News: Bad data on a single student almost sank a Dallas school in state ratings ($)

The Houston Chronicle: "Deep cleansing" of Houston homeless encampment underway by city ($)


PENCIL US IN

Join us in San Antonio on Nov. 17 and 18 for a symposium on immigration, where we'll discuss everything from rhetoric on the subject under the Trump administration to recent actions of #txlege. Have a question? Tweet them to us with #AskTrib, and read our brief guide to the event.

PHOTO OF THE DAY
Texas Supreme Court Justice Don Willett, flanked by wife Tiffany and daughter Genevieve, 8, crosses his fingers ahead of a U.S. Senate Judiciary Committee hearing on Nov. 15, 2017, to confirm him and Dallas attorney Jim Ho to the U.S. 5th Circuit Court of Appeals. Photo by Allison Shelley for The Texas Tribune. See more photos on our Instagram account. 

THE LAST WORD

Thanks for reading The Brief, our daily dispatch on Texas politics, public policy and everything in between. Please shoot me your tips and feedback at cpollock@texastribune.org. Love this newsletter? Consider making a donation in support of our nonprofit newsroom. — Cassi Pollock
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