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Texas Supreme Court Grants Review of Politically Motivated Lawfare Against OAG Leadership

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The Supreme Court of Texas (“SCOTX”) has granted review of the lower court decision that has permitted politically motivated lawfare by the State Bar of Texas against First Assistant Attorney General Brent Webster to continue.  Image Sources: Texas.gov for illustration purposes
The Supreme Court of Texas (“SCOTX”) has granted review of the lower court decision that has permitted politically motivated lawfare by the State Bar of Texas against First Assistant Attorney General Brent Webster to continue. Image Sources: Texas.gov for illustration purposes
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AUSTIN, Texas – The Supreme Court of Texas (“SCOTX”) has granted review of the lower court decision that has permitted politically motivated lawfare by the State Bar of Texas against First Assistant Attorney General Brent Webster to continue.  

Attorney General Ken Paxton

Following the 2020 presidential election, Attorney General Ken Paxton filed a lawsuit in the U.S. Supreme Court on behalf of the State of Texas in response to good-faith concerns of unconstitutional conduct by other States. However, the State Bar of Texas retaliated by attempting to sanction Attorney General Paxton and First Assistant Attorney General Brent Webster for filing that lawsuit, and it initiated disciplinary actions against them to obtain that result. 

The State Bar’s attempt to sanction Attorney General Paxton and First Assistant Webster is an unconstitutional violation of the Texas Constitution’s Separation of Powers Clause and violates principles of sovereign immunity. In April 2024, a coalition of seventeen attorneys general from across the nation filed a brief supporting Attorney General Paxton and First Assistant Webster and condemning the actions of the State Bar.

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“I’m pleased SCOTX will take up this case of blatant, unfounded weaponization of the law, and I am confident that First Assistant Attorney General Webster will prevail,” said Attorney General Paxton. “The disturbing trend of political persecutions in this country—designed to intimidate public officials into silence on crucial issues—must end.”

On June 4, 2024, the OAG filed a petition for review asking the Texas Supreme Court to review the case and intervene to stop the lawfare. Today, SCOTX granted review and will take up the case.

To read the order granting review, click here.

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