Paxton Joins 18-State Coalition to Protect Unborn Babies
The law also prohibits abortions once the baby’s heartbeat becomes detectable, a universal indicator of life.
AUSTIN – Attorney General Ken Paxton joined 17 other states in an amicus brief urging the Sixth Circuit Court of Appeals to reverse a district court decision and uphold Tennessee’s prohibition of abortions based on an unborn baby’s sex, race, or likelihood of having Down Syndrome. The law also prohibits abortions once the baby’s heartbeat becomes detectable, a universal indicator of life.
“All life should be celebrated and all people, regardless of their genetics, should be afforded the right to life. Unfortunately, a growing side-effect of advancements in fetal screening technology is the allowance of eugenics-minded abortion,” said Attorney General Paxton. “Killing a child in the womb simply because they possess different physical or mental capabilities than their parents envisioned is a barbaric act of discrimination against the helpless. We must end the baseless and demeaning stereotype that a life with disabilities is not worth living. Laws protecting the unborn from such violent discrimination must stand.”
Texas also filed an amicus brief in January regarding a similar anti-eugenics law in Ohio that specifically protected those with Down Syndrome from harm prior to their birth.
Read a copy of the filing here.
Child Support Division Sets New Record
Texas currently leads the nation in total child support collections - more than 27 other states and territories combined.
Press Release
AUSTIN – Attorney General Ken Paxton announced that the Office of the Attorney General’s Child Support Division set a new record by collecting more than $4.8 billion in child support for the state fiscal year 2020. The Child Support Division serves over 1.6 million children and surpassed the previous year’s record by ten percent. Texas currently leads the nation in total child support collections - more than 27 other states and territories combined.
“I am immensely proud of the hard work and dedication of our Child Support Division to improve the lives of Texas children and ensure that families receive the support they need and deserve,” said Attorney General Paxton. “This success is particularly remarkable in light of the challenges the division faced as a result of the COVID-19 pandemic and the closure of physical offices. The Division’s performance improves each year and, as such, continues to benefit children across the state.”
In response to the COVID-19 pandemic, the Child Support Division successfully transitioned to a virtual service delivery model. Since mid-March, the Division has leveraged technology to build efficient new administrative and legal processes that kept child support cases moving forward and created live chat capabilities that have become a preferred method of contact for many of the families the division serves.
Serving one in four Texas children, the Child Support Division handles over 1.5 million cases annually and collects $11.68 for children for every $1 spent to operate the program. While physical offices currently remain closed to the public except for limited services by appointment, services may also be obtained via email, phone, videoconference, and the program’s new chat function. For more information about the attorney general’s office and the child support services it offers, visit https://www.texasattorneygeneral.gov/child-support.
Texas AG Joins Coalition of Businesses in Lawsuit Against El Paso Judge
The El Paso judge’s unlawful orders include shutting down all non-essential services for a two-week period, including in-person dining, gyms and salons. Attorney General Paxton issued a warning letter to Judge Samaniego.
AUSTIN – Attorney General Ken Paxton joined a coalition of businesses suing El Paso County Judge Ricardo Samaniego for imposing restrictions on local public health orders that are inconsistent with Governor Greg Abbott’s disaster orders. The El Paso judge’s unlawful orders include shutting down all non-essential services for a two-week period, including in-person dining, gyms and salons. Attorney General Paxton issued a warning letter to Judge Samaniego yesterday evening.
“El Paso County Judge Samaniego has no authority to shut down businesses in El Paso County. This is a direct violation of Gov. Greg Abbott’s executive order,” said Attorney General Paxton. “Recommendations must not be confused with requirements, especially those that unlawfully burden private citizens and businesses.”
Read the letter to the El Paso County Judge here.
AG Paxton Sues Google
The complaint explains that Google’s practices have harmed competition for search services and search advertising not only on mobile devices and personal computers but also on emerging search access points, such as voice assistants, smart speakers, automobiles, and Internet of Things devices.
Press Release
AUSTIN – Attorney General Ken Paxton announced today that Texas is suing Google for engaging in anticompetitive and exclusionary practices that eliminate competition for internet searches and search advertising. Texas is joining the U.S. Department of Justice (USDOJ) and the States of Arkansas, Florida, Georgia, Kentucky, Indiana, Louisiana, Mississippi, Missouri, Montana, and South Carolina in filing an antitrust suit challenging Google’s exclusionary business practices. Google’s illegal conduct has allowed it to dominate the search industry by requiring exclusivity from business partners and avoiding competition on the merits while shielding itself from competitors who might threaten its market share.
“Google’s anticompetitive business strategies have disrupted the competitive process, reduced consumer choice, and stifled innovation,” said Attorney General Paxton. “The violations set forth in the complaint show that Google no longer resembles the innovative startup it was 20 years ago. Our action today is intended to restore competition and allow rivals and next generation search engines to challenge Google so that the marketplace, not a monopolist, will decide how search services and search ads are offered.”
The complaint explains that Google’s practices have harmed competition for search services and search advertising not only on mobile devices and personal computers but also on emerging search access points, such as voice assistants, smart speakers, automobiles, and Internet of Things devices. Google’s practices have harmed consumers by reducing choices in areas like privacy, data protection, and use of consumer data, ultimately diminishing the quality of search services. Google’s anticompetitive conduct has also given it the ability to increase advertisers’ costs and reduce the quality of its advertising services.
Read a copy of the filing here.
Settlement Reached with Opioid Manufacturer
The trust will go toward abating the opioid crisis, including valid claims related to MNK’s role in the opioid crisis raised by non-governmental claimants.
Press Release
AUSTIN – Attorney General Ken Paxton today announced an update to a global settlement framework agreement between state attorneys general, local subdivisions, and the opioid manufacturer Mallinckrodt (MNK), its subsidiaries, and other affiliates. Under the new settlement, MNK will pay $1.6 billion into a trust. MNK is currently the largest generic opioid manufacturer in the United States
“This agreement is a significant step toward helping those victimized by one of the worst man-made epidemics in our state’s history,” said Attorney General Paxton. “My office has been aggressively working to hold opioid manufacturers accountable for their deceptive marketing of highly-addictive pain pills, which spurred an epidemic and left victims and families with unimaginable consequences. My office will continue to do everything it can to protect Texans and help our state heal from this crisis.”
The trust will go toward abating the opioid crisis, including valid claims related to MNK’s role in the opioid crisis raised by non-governmental claimants. MNK also agreed that its opioid business will be subject to stringent injunctive relief that, among other things, will prevent marketing and ensure systems are in place to prevent drug misuse. Details about how much each state will receive, how the money will be distributed, and how the trust will be administered are all still being negotiated.
Texas AG Files Appeal to Stop Harris County for Unsolicited Mail-In Ballot Applications
Under Texas election law, mail-in ballots are reserved for a few limited categories of qualified voters who are age 65 and older and voters who are disabled.
Press Release
AUSTIN – Attorney General Ken Paxton filed an appeal with the 14th Court of Appeals in Houston, urging the court to prevent Harris County Clerk Chris Hollins from sending over two million unsolicited mail-in ballot applications to registered voters in Harris County, many of whom do not qualify to vote by mail. Hollins’s plan to unlawfully send mail-in ballot applications circumvents the careful limits the Constitution places on county officials’ authority and blatantly violates Texas election law. Harris County is required to respond by 9 a.m. Monday, September 14, and the Office of the Attorney General requested relief be granted no later than 5 p.m. on the same day.
Under Texas election law, mail-in ballots are reserved for a few limited categories of qualified voters who are age 65 and older and voters who are disabled. The proposed mass mailing would sow confusion because applications would go to all registered voters, regardless of whether they legally qualify to vote a mail ballot and regardless of whether they even want to vote by mail. Texas law requires the clerk to send applications to voters who specifically request them.
Read a copy of the appeal here.
Texas Officials Recommends big Tech to Stop Censorship of Freedom of Speech
“The improper expansion of Section 230, which was intended to promote free speech, competition, and enforcement of criminal laws online, has inflated to a point where it grants the largest companies in the world the ability to violate state laws, exclude rivals, and squash political speech,” said Attorney General Paxton.
Press Release
AUSTIN – Attorney General Ken Paxton sent a comment letter to Secretary Marlene Dortch of the Federal Communications Commission, supporting the National Telecommunications and Information Agency’s Petition (the Petition) to the Federal Communications Commission to clarify provisions of Section 230 of the Communications Decency Act. Section 230 provides online platforms liability protection for third-party content posted on their sites, and for decisions by those platforms to moderate obscene, lewd, and similarly objectionable content. Overly broad judicial interpretations of Section 230, however, have threatened to expand that immunity to cover broad categories of misconduct by some of tech’s largest players that the plain text of Section 230 does not reach. As a result, the reforms and clarification provided by the Petition are necessary to protect states’ ability to enforce their laws and prevent undue censorship of protected speech.
“The improper expansion of Section 230, which was intended to promote free speech, competition, and enforcement of criminal laws online, has inflated to a point where it grants the largest companies in the world the ability to violate state laws, exclude rivals, and squash political speech,” said Attorney General Paxton. “Reforms must be made to ensure that states are empowered to properly enforce their laws. First Amendment rights, penalties for criminals, and transparency must be maintained for a truly free online community to operate and thrive.”
Read a copy of the letter here.
Defunding Police in Austin is Dangerous
AUSTIN – Attorney General Ken Paxton give a statement following the Austin City Council to cut $150 million from the Austin Police Department.
Press Release
AUSTIN – Attorney General Ken Paxton gave this statement following the Austin City Council’s decision today to cut $150 million from the Austin Police Department’s budget:
“The unwarranted attack by the Austin mayor and city council on their police department’s budget is no more than a political haymaker driven by the pressures of cancel culture. Unfortunately, the targets of this ‘cancelling’ are the brave men and women who selflessly put their lives on the line to keep our families safe. The city council’s action to slash funding disregards the safety of our capital city, its citizens, and the many guests who frequent it. The City of Austin already struggles to combat widespread crime, violence and homelessness. In light of rising violent crime rates in many cities across the country as well the majority of Austinites opposing defunding police, the mayor and the city council should immediately reconsider this ill-advised effort at virtue signaling; which will endanger lives and property in Austin.”
$16.5 Million to Texans in Medicaid Fraud Lawsuit
The 126th Judicial District Court of Travis County ordered final judgment against Dr. Richard Malouf, former owner of All Smiles Dental Center, holding him responsible for 1,842 unlawful acts under the Texas Medicaid Fraud Prevention Act and liable for approximately $16.5 million to the State of Texas.
Press Release
AUSTIN – Attorney General Ken Paxton today announced that the 126th Judicial District Court of Travis County ordered final judgment against Dr. Richard Malouf, former owner of All Smiles Dental Center, holding him responsible for 1,842 unlawful acts under the Texas Medicaid Fraud Prevention Act and liable for approximately $16.5 million to the State of Texas.
“I applaud my litigation team, the court and the Health and Human Services Commission for stopping this misconduct and recovering taxpayer money,” said Attorney General Paxton. “Identifying and preventing Medicaid fraud continues to be a top priority for my office and I remain committed to ensuring that Medicaid dollars are preserved for those who most need them.”
Dr. Malouf operated orthodontics clinics for many years in the Dallas area and billed tens of millions of dollars to Texas Medicaid. The Court previously found that Malouf fraudulently billed Medicaid for services that he did not deliver, including over 100 claims he filed while he was vacationing out of the country.
Read a copy of the order here.
Students Rights to Free Speech and Due Process
Attorney General Ken Paxton led 15 states in an amicus brief filed in the United States District Court in the Southern District of New York, defending the Department of Education’s reaffirmation of Title IX’s commitment to protecting students from actual harassment while upholding free speech and fair process.
Press Release
AUSTIN – Attorney General Ken Paxton led 15 states in an amicus brief filed in the United States District Court in the Southern District of New York, defending the Department of Education’s reaffirmation of Title IX’s commitment to protecting students from actual harassment while upholding free speech and fair process. The Department of Education’s “Final Rule” bolsters the anti-discrimination purposes of Title IX without infringing free speech or due process rights.
“The Constitution applies to every American, and the Department of Education’s ‘Final Rule’ provides robust protection for individual rights where previous regulations and guidance failed. The Supreme Court has long recognized that students subject to disciplinary proceedings are entitled to due process,” said Attorney General Paxton. “Academic institutions cannot unlawfully deprive students of their constitutional rights to free speech, due process, or fair trial.”
Without safeguards, academic institutions can and have eschewed due process and imposed life-altering consequences on students without affording them the opportunity to defend themselves. The vast majority of colleges and universities currently deny students the right to present evidence or cross examine witnesses, and less than half require that fact-finders be impartial during investigations.
Read a copy of the amicus brief here.
AG Paxton Defends Humane Treatment of Fetal Remains
The Fifth Circuit is currently considering a challenge to a Texas law requiring the humane treatment of fetal remains through interment or scattering of ashes.
Press Release
AUSTIN – Attorney General Ken Paxton filed a letter brief with the United States Court of Appeals for the Fifth Circuit addressing the impact of a recent decision from the United States Supreme Court that held unconstitutional a Louisiana law requiring abortion doctors to have admitting privileges at a nearby hospital. The Fifth Circuit is currently considering a challenge to a Texas law requiring the humane treatment of fetal remains through interment or scattering of ashes. Abortion providers sued the State, seeking an injunction that permits them to treat the remains of unborn children as medical waste that is incinerated and placed in a landfill. But they have yet to provide any evidence that this law imposes a burden on women or prevents access to abortion.
“The abortion industry will go to extraordinary lengths to obscure the fundamental reality that the child in the womb is a human being. The requirement to treat the remains of unborn children with dignity and respect would do nothing to affect the availability of abortion in Texas,” said Attorney General Paxton. “The Supreme Court has repeatedly recognized that States have an interest in the lives of the unborn, and this Texas law serves to honor their dignity rather than treat them as medical waste.”
Today’s letter brief also asserts that abortion providers lack standing to sue on behalf of what they imagine their patients’ subjective beliefs to be and that the humane disposition of fetal remains does not create an obstacle to abortion access. Last year, the Supreme Court upheld a similar Indiana fetal-remains law, stating that the State had “legitimate interest in proper disposal of fetal remains,” and the humane disposition of remains is directly and rationally related to that interest.
Read a copy of the letter brief here.
AG Paxton: Supreme Court Strikes Down Louisiana Abortion Law That Protected Women
AUSTIN – Attorney General Paxton today decried the United States Supreme Court for invalidating a Louisiana law that protects women by requiring abortion doctors to have admitting privileges at a nearby hospital.
Press Release
Front row, left to right: Associate Justice Stephen G. Breyer, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Ruth Bader Ginsburg, Associate Justice Samuel A. Alito. Back row: Associate Justice Neil M. Gorsuch, Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan, Associate Justice Brett M. Kavanaugh.
Credit: Fred Schilling, Collection of the Supreme Court of the United States
AUSTIN – Attorney General Paxton today decried the United States Supreme Court for invalidating a Louisiana law that protects women by requiring abortion doctors to have admitting privileges at a nearby hospital. Today’s order effectively allows pro-abortion activists to eliminate basic, common sense health-and-safety standards designed to protect patients.
“The Supreme Court should have upheld this commonsense law. Instead, in striking down these basic health-and-safety regulations, the Supreme Court has allowed abortion clinics to endanger women. We are well aware of the dangers of an unprepared and unsanitary clinic. In the case of Kermit Gosnell, who killed and injured women in his filthy, substandard, unregulated clinic, enforced regulation could have saved countless lives,” said Attorney General Paxton. “Louisiana’s law is a common-sense measure that protects women’s health and safety from those who favor their bottom line over patients’ wellbeing. Every woman deserves to know that her doctor has the necessarily skills to treat them successfully.”
Read a copy of the opinion here.
AG Paxton - Obamacare Unlawful
AUSTIN – Attorney General Paxton today filed a brief asking the United States Supreme Court to declare Obamacare unlawful in its entirety.
Press Release
AUSTIN – Attorney General Paxton today filed a brief asking the United States Supreme Court to declare Obamacare unlawful in its entirety. At the heart of Obamacare is an individual mandate commanding Americans to purchase health insurance the federal government deems suitable. The Supreme Court upheld that mandate in 2012 because it included a tax penalty for noncompliance. In 2017 however, Congress eliminated that tax penalty—meaning the individual mandate at the center of Obamacare is unconstitutional.
“Congress declared in the text of the law that the individual mandate is the centerpiece of Obamacare. Without the unlawful mandate, the rest of the law cannot stand,” said Attorney General Paxton. “Obamacare has failed, and the sooner it is invalidated, the sooner each state can decide what type of health care system will best provide for those with preexisting conditions, which is the way the Founders intended.”
Last year, the United States Court of Appeals for the Fifth Circuit declared the individual mandate unconstitutional but did not decide the fate of the remainder of the Act. Today’s filing asks the U.S. Supreme Court to affirm that statutory text is supreme, and when the statutory text proclaims the individual mandate “essential,” then the remainder of the law cannot stand without the unconstitutional mandate.
Read a copy of the filing here.
Texans may not claim disability based on fears of contracting COVID-19
Attorney General Ken Paxton issued another guidance letter to Texas county judges and election officials, warning that Texans may not claim disability based on fears of contracting COVID-19 to obtain a mail-in ballot.
Press Release
AUSTIN – Following recent decisions by the Texas Supreme Court and the U.S. Court of Appeals for Fifth Circuit, Attorney General Ken Paxton today issued another guidance letter to Texas county judges and election officials, warning that Texans may not claim disability based on fears of contracting COVID-19 to obtain a mail-in ballot. Due to inaccurate statements by public officials and private groups, Attorney General Paxton issued his first guidance letter on May 1.
“As the Texas Supreme Court held, mail ballots based on disability are specifically reserved for those who are legitimately ill and cannot vote in-person without assistance or jeopardizing their health. The Texas Election Code is lawful, constitutional, and correctly protects our elections from fraud and voters from disenfranchisement,” said Attorney General Paxton. “It is vital that we work together to preserve the integrity of our democratic election process and consistently follow the law established by our legislature.”
Today’s letter follows a Texas Supreme Court decision that held that a voter may not claim “disability” for the purpose of casting a ballot by mail merely because the voter lacks immunity to COVID-19. Additionally, the U.S. Court of Appeals for the Fifth Circuit found that Texas is likely to win arguments that the Election Code’s ballot-by-mail provisions are consistent with the Equal Protection Clause and the Twenty-Sixth Amendment to the U.S. Constitution. Following these rulings, the Texas Democratic Party and other groups filed a motion to dismiss their state court lawsuit this week.
Read a copy of the letter here.