Weekly News Round Up Of The State’s Top Law Enforcement Officer – Texas Attorney General

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/.


WEEKLY NEWS ROUND-UP OF THE STATE’S

TOP LAW ENFORCEMENT OFFICER…

THE TEXAS ATTORNEY GENERAL

AG Paxton’s Fugi­tive Appre­hen­sion Unit Achieves New Mile­stone with 11,000 Total Arrests

AUSTIN – Attorney General Ken Paxton today commended the Fugitive Apprehension Unit of his office for reaching a major milestone since its inception in 2003. The unit – collaborating with the United States Marshals Service, Montgomery County Sheriff’s Office, Texas Department of Criminal Justice, and the Harris County Sheriff’s Office – achieved its 11,000 arrest with the capture of 26-year-old Heriberto Casarez in Houston, Texas. Casarez had open felony warrants for sexual assault and aggravated assault-serious bodily injury.

“The Fugitive Apprehension Unit has successfully arrested 11,000 fugitives. This milestone is a testament to the dedication of our law enforcement officers to keeping Texas safe and just,” Attorney General Paxton said. “I am proud of the courage and integrity our officers demonstrate every day as they provide invaluable protection for Texans.”

The Fugitive Apprehension Unit’s mission is to locate and arrest convicted child sex offenders who violate conditions of their parole and to arrest sex offenders who fail to comply with the state’s mandated sex offender registration requirements. The Attorney General has established regional offices in Austin, Arlington and Houston, enabling the Fugitive Apprehension Unit to provide a localized and rapid response to the threat of these wanted individuals and other violent offenders who have a high probability of re-offending. The Fugitive Apprehension Unit also participates in four of U.S. Marshal Fugitive task forces (Houston, Austin, San Antonio, and Dallas/Ft. Worth).

To learn more about the Criminal Investigations Division and its efforts to keep Texans safe, visit the attorney general’s website at https://www.texasattorneygeneral.gov/divisions/criminal-justice. For more information about protecting your children online visit https://www.texasattorneygeneral.gov/initiatives/cyber-safety.

View Casarez’s mugshot here.

View Casarez’s arrest warrant here.

AG Pax­ton Applauds Fed­er­al Appeals Court Rul­ing Allow­ing Ohio to Defund Planned Parenthood

AUSTIN – Attorney General Ken Paxton applauded a decision by the U.S. Court of Appeals for the 6th Circuit upholding Ohio’s law that prevents state health program funds from going to Planned Parenthood and other abortion providers. Ohio’s case was bolstered by a friend-of-the-court brief filed by Texas and 13 other states with similar or prospective laws.

In Texas, taxpayer funds may not be provided to abortion providers through state health programs and the U.S. Court of Appeals for the 5th Circuit upheld that practice in 2012. This week’s 6th Circuit ruling comes as Attorney General Paxton’s office prepares to defend Texas’ removal of Planned Parenthood from the state’s Medicaid program after undercover video footage revealed Planned Parenthood officials’ practice of violating generally accepted medical ethical standards. Oral arguments will be heard the week of May 13 before the full 5th Circuit. Earlier this year, a three-judge panel of the 5th Circuit ruled in Texas’ favor.

“The 6th Circuit’s decision on Ohio’s law is a tremendous victory for rights of conscience and the rule of law,” Attorney General Paxton said. “States should not be forced to continue providing taxpayer funds to subsidize actions a majority of voters consider immoral, and states should have the authority to decide what providers will be included in their public health programs.”

The 6th Circuit’s ruling overturned two lower court decisions holding that Ohio’s law violated Planned Parenthood’s constitutional rights. In its majority opinion, the court said that private organizations such as Planned Parenthood had no guaranteed right to funds for anything, including to perform or advocate abortion. “Governments generally may do what they wish with public funds, a principle that allows them to subsidize some organizations but not others,” the majority wrote.

AG Pax­ton Defends Texas Fos­ter Care Sys­tem at the 5th Circuit

AUSTIN – Attorney General Ken Paxton’s office strongly urged the U.S. Court of Appeals for the 5th Circuit today to demand consistency between the 5th Circuit’s prior foster care ruling from October 2018 and the U.S. District Court’s modified injunction from November 2018.

The state argues that the district court failed to strictly follow the 5th Circuit’s directive to modify the January 2018 permanent injunction to make it consistent with the 5th Circuit panel’s ruling.

As explained by the state in its supplemental post-remand briefing and in today’s oral argument, the modified injunction includes new remedial provisions that were not authorized or contemplated by the panel ruling and effectively reinstates provisions that the panel ruling vacated.

The district court’s failure to obey the 5th Circuit’s direction may create unnecessary administrative burdens for caseworkers, prohibit the efficient use of certain specialized caseworkers, and inhibit caseworkers’ ability to provide proper and necessary care to Texas children.

“In October, the 5th Circuit reversed several of the district court’s liability rulings and held that the district court’s sweeping permanent injunction far exceeded permissible limits,” Attorney General Paxton said. “In modifying the injunction, the district court has again overreached. The improper provisions ordered by an unelected federal judge are not only impractical, they are actually harmful to foster care caseworkers and the children they care for each day. I am confident that the 5th Circuit will agree.”

Several of the district court’s foster care remedies were invalidated by the 5th Circuit in its October 2018 panel decision partially affirming and partially reversing the permanent injunction.

The state’s arguments today urged the 5th Circuit to require adherence to that prior ruling and to vacate or modify a number of unauthorized provisions in the modified injunction.

AG Pax­ton Files Brief with 5th Cir­cuit Defend­ing the Right of States to Enact Laws Safe­guard­ing Women’s Health and Pro­tect­ing the Unborn

AUSTIN – Attorney General Ken Paxton today filed a friend-of-the-court brief urging the U.S. Court of Appeals for the 5thCircuit to reverse a U.S. District Court decision against a Mississippi law restricting non-emergency abortions after 15 weeks of gestation.

“According to one recent poll, 3 out of 4 Americans agree that abortion should be restricted after the first 12 weeks of pregnancy, and 75 percent of countries in the world do just that, as the Mississippi Legislature found when it passed this law,” Attorney General Paxton said. “During the lawsuit, the state also submitted evidence to show the fetus can feel the pain of being ripped limb from limb during the barbaric abortion procedure performed around 15 weeks’ gestation. But the district court ignored these findings and would not allow the state to admit evidence supporting its recognized interest in protecting unborn life with this reasonable regulation.”

Mississippi enacted the Gestational Age Act last March and it was immediately challenged by the only abortion clinic in the state, which only provides a handful of abortions during the 15th week of pregnancy, and none after the 16th week begins. A U.S. District Court ultimately struck down the law late last year, ruling that it violates women’s constitutional rights.

Texas is joined on the friend-of-the-court brief by Louisiana. View a copy of the brief here.

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