Texas AG Applauds SCOTUS For Little Sisters Of The Poor, Energy Construction Decisions

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 Files Brief in Support of Free Speech for Texas Attorneys

AUSTIN – Attorney General Paxton filed an amicus brief with the United States Court of Appeals for the Fifth Circuit in defense of First Amendment rights for members of the State Bar of Texas. The state requires every attorney to join the State Bar of Texas in order to receive and maintain a law license, and every attorney is then compelled to support political and ideological activities involving divisive issues through membership dues.

“Compelled political speech through compulsory dues is blatantly incompatible with this nation’s bedrock principles of individual liberty. Pursuing a career as an attorney should never require someone to forgo their First Amendment rights,” said Attorney General Paxton. “Members of an organization should not be used as a funding source for political causes that they do not support, and I will tirelessly defend citizens’ constitutional right to free speech.”

The State Bar admitted to having an ‘opt-out’ refund procedure; however, attorneys can only demand a refund after paying their dues in full and jumping through a series of convoluted bureaucratic hoops. Currently, over a third of the states regulate their legal professions without requiring attorneys to financially support political causes they disfavor.

Read a copy of the brief here.  

AG Paxton Applauds SCOTUS for Protecting Religious Liberty of Faith-Based Organizations

AUSTIN – Attorney General Ken Paxton today commended the United States Supreme Court for upholding religious liberties for faith-based organizations and their employees by defending the constitutional rights of both Our Lady of Guadalupe, a private Catholic school, and the Little Sisters of the Poor, a group of Catholic nuns who care for the elderly poor.

“Today’s rulings correctly protect the independence of religious institutions from government interference and uphold the religious liberties enshrined in our Constitution. I strongly commend the Supreme Court for recognizing that the First Amendment does not tolerate judicial review of how faith-based schools select educators, nor does it allow any government to force a religious organization to violate its religious beliefs,” said Attorney General Paxton. “Federal law requires the government to respect the religious liberty of its citizens. No violation of those liberties can be allowed to stand.”

Attorney General Paxton previously joined a 14-state coalition in support of Our Lady of Guadalupe School’s freedom to decide who teaches its faith, known as the ministerial exception.

Texas also led a 20-state coalition in support of the Little Sisters of the Poor’s right to religious exemption from policies, such as government-mandated contraceptive coverage, that violate their deeply-held beliefs.

• Read a copy of the Our Lady of Guadalupe opinion here.
• Read a copy of the Little Sisters of the Poor opinion here.   

SCOTUS Restarts Energy Construction Nationwide

AUSTIN – Texas Attorney General Ken Paxton applauded the United States Supreme Court for partially staying a district court order that halted energy infrastructure construction nationwide and impeded economic growth.

Despite the original lawsuit focusing on a permit the U.S. Army Corps of Engineers used to authorize the Keystone XL pipeline, the district court’s order affected new oil and gas pipelines in every state, regardless of length, purpose, or minimal environmental effects.

“I applaud the Supreme Court for staying this erroneous injunction and ensuring that energy pipeline construction continues smoothly,” said Attorney General Paxton. “The successful production and transportation of oil and gas is the lifeblood for the states and is not possible without a dynamic pipeline network. The need for a stable electrical grid is vital, and that need has been consistently met by the growing production of oil and gas.”

Read a copy of the order here.

Request for Opinion

Original Request RQ-0362-KP
Authority of local governmental entities, operating under local emergency declarations, to delay, prohibit, or restrict eviction procedures established by the Legislature in chapter 24 of the Property Code

Date Received
Friday, June 26, 2020

Official Requestor
The Honorable Brandon Creighton
Chair, Senate Committee on Higher Education
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068

Request for Opinion

Original Request RQ-0360-KP
Authority of the Metropolitan Transit Authority of Harris County to prohibit service and access to its transit authority system to a person who refuses to comply with a rule requiring facial covering.

Date Received
Friday, June 26, 2020

Official Requestor
The Honorable Jim Murphy
Chair, House Committee on Pensions, Investments & Financial Services
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910

Request for Opinion

Original Request RQ-0361-KP
Whether section 2166.003 of the Government Code applies to the possible removal of the Lawrence Sullivan Ross statue at Texas A&M University, and if so, who may provide approval for removal

Date Received
Friday, June 26, 2020

Official Requestor
The Honorable John P. Cyrier
Chair, House Committee on Culture, Recreation & Tourism
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910

Notification of Opinion

Original Request RQ-0328-KP
Authority of the Jackson County County-Wide Drainage District to set a tax rate and to levy and collect taxes without commissioners court approval

Official Opinion KP-0319
Absent an election granting it authority, the Jackson County County-Wide Drainage District does not possess the authority to levy, set the rate, and collect a flood control tax.