Texas Attorney General Ken Paxton Sued Over Abortion Guidance
Texas Attorney General Ken Paxton recently sued the Biden administration over new federal guidance that allows doctors to continue conducting abortions when providing emergency care. However, this is not the only legal issue Paxton is currently facing. A Texas appeals court has blocked Paxton from enforcing new rules that would require prosecutors in large, mostly Democratic counties to send his office detailed reports.
Background of the Case
The rules, adopted earlier this year, would have mandated prosecutors in counties with a population greater than 400,000 — most of which are Democratic counties — to turn over large amounts of information, including internal emails and sensitive case files involving victims and witnesses. Under those rules, attorneys who do not comply would be found to have committed “official misconduct” and could lose their seats. Critics argue that Paxton issued the rules in order to influence how and when elected prosecutors handle cases.
Court Ruling
The Texas Fifteenth Court of Appeals unanimously upheld a lower court’s order blocking the rules after a lawsuit from several district and county attorneys, including Dallas County Criminal District Attorney John Creuzot and Harris County Attorney Christian Menefee. The court ruled that Paxton does not have the legal authority under the Texas Government Code to require the proposed ongoing reports. Justice Scott K. Field wrote in the three-judge panel’s opinion, “Based on the plain language of [the code], the Legislature did not expressly grant rulemaking authority to the Attorney General, nor can rulemaking power be implied where no such authority is expressly granted.”
Reaction to the Ruling
In his concurring opinion, Chief Justice Scott Brister said Paxton can request information under the Texas Government Code for specific cases, but it does not grant him authority to place blanket requirements. The injunction is not statewide and only applies to the cities and counties that sued. The appeals court’s ruling stays in place while the case continues in trial court. Harris County District Attorney Sean Teare said the ruling was a “decisive victory.” He stated, “Today, justice prevailed over political interference.” Menefee, who represents the county in the lawsuit, said the county will continue to fight against what he described as state officials’ attempts to “regularly overstep their bounds.”
Impact of the Ruling
The rules could have pulled prosecutors away from public safety work and risked exposing confidential information. Creuzot called the ruling a step in the right direction, saying via press release that the rules could cost taxpayers millions of dollars. He stated, “While this ruling is only preliminary, it shows progress in the right direction. Yet another court has ruled that Attorney General Paxton overstepped his authority by proposing to enforce these rules.”
Conclusion
The Texas appeals court ruling is a significant development in the ongoing legal battle between Paxton and the prosecutors in large, mostly Democratic counties. The ruling limits Paxton’s authority and prevents him from enforcing the new rules, which could have had a significant impact on the work of prosecutors and the confidentiality of case files. As the case continues in trial court, it remains to be seen how this will ultimately play out and what the final outcome will be.
