Paxton Releases Statement On SCOTUS Decision Defending Free Exercise Of Religion, School Choice

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 Releases Statement on SCOTUS Decision Defending Free Exercise of Religion and School Choice

AUSTIN – Attorney General Ken Paxton today gave this statement following the United States Supreme Court’s decision last week holding a provision in the Montana Constitution that prohibits the state from providing aid to religious entities—known as a Blaine Amendment.

According to Paxton, the issue in the case was whether a program created to provide tuition assistance to parents who send their children to private schools was constitutional; the Court concluded these programs are protected by the First Amendment:

“This is a fantastic victory, not just for school choice, but for religious liberty. I applaud the Supreme Court for correctly deciding that Montana’s no-aid provision unjustly barred religious schools from public benefits. The intolerant rule, which was based on nothing but religious affiliation, blatantly infringed constitutional religious liberties. The government must respect the closely-held religious beliefs of its constituents.”

Read a copy of the opinion here. 

AG Paxton: Supreme Court Strikes Down Louisiana Abortion Law That Protected Women

AUSTIN – Attorney General Paxton 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.

According to Paxton, the 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 necessary skills to treat them successfully.”

Read a copy of the opinion here. 

AG Paxton Applauds Supreme Court for Leaving in Place Fifth Circuit Order Blocking Unlawful Mail-In Voting

AUSTIN – Attorney General Paxton applauded last week’s decision by the United States Supreme Court for leaving in place a Fifth Circuit order blocking unlawful mail-in voting.

“I applaud the Supreme Court for following the law and refusing to order mail-in balloting that the Texas Legislature has forbidden. Universal mail-in ballots, which are notoriously vulnerable to fraud, would only lead to greater election fraud and disenfranchise lawful voters,” said Attorney General Paxton. “State election officials have many options available to safely and securely hold elections without risking widespread fraud. My office will continue to fight for safe, free, and fair elections.”

Read a copy of the order here.  

AG Paxton: Apex Home Energy Solutions to Immediately Halt Deceptive Business Practices

AUSTIN – Attorney General Paxton announced that his office obtained an agreed final judgment and permanent injunction against Apex Home Energy Solutions, LLC, stopping the business from selling falsely represented residential solar products or energy efficiency products and services in violation of the Texas Deceptive Trade Practices Act (DTPA).

“My office will not allow Texas consumers to be deceived by unlawful behavior and deceptive business practices,” said Attorney General Paxton. “This judgment ensures that Apex Home Energy Solutions will no longer misrepresent their products or financing and Texans will rightfully continue to be protected by the DTPA.”

The judgment finds that Apex Home Energy Solutions used deceptive practices, including misrepresenting interest rates for financing purchases, misrepresenting the availability of government-sponsored rebates and intentionally adding provisions in consumer contracts that unlawfully misrepresented and purported to waive consumers’ rights under the DTPA and Home Solicitations Act (HSA).

Waivers of consumer rights signed by Apex Home Energy customers are now void and unenforceable.

Read a copy of the judgment here.

AG Paxton Files Brief Asking SCOTUS to Declare Obamacare Unlawful

AUSTIN – Attorney General Paxton 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.

This 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. 

Notification of Opinion

Official Request RQ-0327-KP
Authority of a judge of a court of record to appoint an official court recorder in lieu
of an official court reporter.

Official Opinion KP-0318
A court is unlikely to conclude that a judge of a court of record may appoint an official court recorder in lieu of an official court reporter.