Texas AG, Governor Abbott, Deputy Solicitor General Defends Electoral College At Fifth Circuit Court
Staff Report
Texas Attorney General, Ken Paxton is the lawyer for the State of Texas and is charged by the Texas Constitution to:
- defend the laws and the Constitution of the State of Texas
- represent the State in litigation
- approve public bond issues
To fulfill these responsibilities, the Office of the Attorney General serves as legal counsel to all boards and agencies of state government, issues legal opinions when requested by the Governor, heads of state agencies and other officials and agencies as provided by Texas statutes.
The Texas AG sits as an ex-officio member of state committees and commissions and defends challenges to state laws and suits against both state agencies and individual employees of the State.
Many Texans look to the Office of the Attorney General for guidance with disputes and legal issues. The agency receives hundreds of letters, phone calls and visits each week about crime victims’ compensation, child support, abuse in nursing homes, possible consumer fraud and other topics.
To find out more about the Texas Attorney General, visit the official website at https://texasattorneygeneral.gov/.
AG Paxton: California’s Travel Ban Undermines National Unity; Violates U.S. Constitution by Punishing Those Who Respect Religious Liberty
AUSTIN – Attorney General Ken Paxton today filed an original action against the State of California in the United States Supreme Court, seeking to strike down California’s travel ban for states that uphold First Amendment protections for religious liberty.
California added Texas to the ban on state-funded travel after the Texas Legislature implemented a law allowing faith-based foster care and adoption agencies to decline placements that violated their religious beliefs. Texas respects and honors the religious beliefs of its citizens.
As a co-author of California’s travel ban admitted, they see religious beliefs as nothing more than “code to discriminate against different people.”
Texas partners with a diverse array of agencies to expand the number of safe and loving homes available to children. California’s opposition to diverse and inclusive options for foster children, along with its decision to utilize commerce as a tool of economic warfare, divide the nation and demonstrate a disregard for the safety and well-being of Texas children.
“California is attempting to punish Texans for respecting the right of conscience for foster care and adoption providers. And as the U.S. Supreme Court said recently in upholding the religious liberty of artist Jack Phillips, disparaging religious beliefs like the California Legislature did here, ‘as merely rhetorical – something insubstantial and even insincere,’ is inappropriate for any entity charged with enacting fair and neutral laws,” said Attorney General Paxton.
“The law California opposes does not prevent anyone from contributing to child-welfare; in fact, it allows our state to partner with as many different agencies as possible to expand the number of safe and loving homes available to foster children. Boycotting states based on nothing more than political disagreement breaks down the ability of states to serve as laboratories of democracy while still working together as one nation—the very thing our Constitution intended to prevent.”
Texas AG, Governor Greg Abbott, Deputy Solicitor General Defends Electoral College at Fifth Circuit Court
AUSTIN – On behalf of Texas Attorney General Ken Paxton and Governor Greg Abbott, Deputy Solicitor General Matthew Frederick defended the time-honored Electoral College system at the U.S. Fifth Circuit Court of Appeals.
He argued that Texas’s method of appointing presidential electors is consistent with the U.S. Constitution’s command that “each State shall appoint, in such Manner as the Legislature thereof may direct, a number of electors, equal to the number of Senators and Representatives to which the State may be entitled in Congress.”
Texas appoints the State’s presidential electors on a winner-take-all basis to the presidential candidate who receives the most votes in a statewide election—a method that dates back to the first presidential election and that is used in all but two states today.
“Only an amendment to the Constitution can change or eliminate the stable and successful presidential election system designed by our Founders. The Electoral College has been in constant use since 1789, and the Constitution clearly allows states to appoint electors as directed by the Legislature,” said Attorney General Paxton.
“Texas and the 47 other states that selected the winner-take-all method are operating in full compliance with the Constitution. This challenge to the Electoral College system is not just baseless, it threatens to destroy the framework of our election process.”
Nearly 50 years ago, the U.S. Supreme Court affirmed a decision rejecting the argument that the winner-take-all system is unconstitutional.
One year ago, the U.S. District Court in San Antonio dismissed a lawsuit challenging the Electoral College system, finding that Texas’s method of appointing electors does not deny any person an equally weighted vote or deny any voter’s First Amendment rights of association or expression.
The election process in Texas is free, fair, and lawful.
Request for Opinion
Official Request RQ-0332-KP
Whether subsection 2054.5191(a-1) of the Government Code requires a member of the board of directors of an appraisal district to complete certified cybersecurity training.
Date Received
Monday, February 10, 2020
Official Requestor
The Honorable R. David Holmes
Hill County Attorney
Post Office Box 253
Hillsboro, Texas 76645
Request for Opinion
Official Request RQ-0331-KP
Whether in misdemeanor cases the trial court has authority to issue a capias on the filing of an information or complaint under article 23.04, Code of Criminal Procedure, but before commitment or bail under article 23.01, Code of Criminal Procedure
Received
Wednesday, February 5, 2020
Official Requestor
The Honorable Mark A. Gonzales
Nueces County District Attorney
901 Leopard, room 206
Corpus Christi, Texas 78401
