Texas Democrats take control of key legal offices
Texas has been a central base for Republican-led lawsuits against Democratic administrations. That strategy is set to change after voters elected Johnson as the state’s first Democratic attorney general in nearly three decades, defeating Republican Mayes Middleton, who had sought to succeed Ken Paxton. Johnson will take over an office with nearly 750 lawyers.
Paxton sued the Biden administration more than 100 times. Texas’s size and resources made it an effective plaintiff, while state lawsuits could also benefit from federal court procedures that let litigants choose among judges in some districts. Cases then move to the Fifth Circuit, whose judges have often favored Republican arguments. States can also have an advantage in showing they have legal standing to sue over federal policies.
Republicans may still pursue challenges through private plaintiffs, but the change in the attorney general’s office means Texas will no longer bring the same stream of cases. Courts have sometimes allowed lower-court orders to remain in effect for months while appeals were pending, giving those decisions immediate impact.
Voters also elected Democrat Gina Hinojosa governor and replaced Republican judges on the state’s new 15th Court of Appeals with Democrats. The court hears disputes concerning state government, including constitutional and commercial matters. Democrats also appeared poised to win four seats on the nine-member Texas Supreme Court, where they had not won a seat since 1994.
Texas voters blunt the GOP’s courthouse strategy
Republicans built a litigation machine in Texas, using the attorney general’s office to challenge Democratic administrations in courts where conservative plaintiffs could have a procedural edge. Voters have now put Democrat Nathan Johnson in charge of that office for the first time in nearly three decades, rejecting Republican candidate Mayes Middleton.
Under Ken Paxton, Texas sued the Biden administration more than 100 times. The state’s large legal staff could pursue those cases, and its federal courts offered opportunities to steer lawsuits toward particular judges. The cases could then reach the Fifth Circuit, where Republican arguments have often found a receptive audience. State plaintiffs can also have an easier path to showing they have standing to sue than private groups do.
That machinery will lose a major political driver when Johnson takes office. Private groups can still file cases, but Texas is unlikely to pursue an equivalent range of suits to advance Republican policies through the courts. Lower-court orders have sometimes remained in force for months while appeals proceeded, making the choice of venue consequential.
Voters also elected Democrat Gina Hinojosa governor and replaced Republican judges on the 15th Court of Appeals with Democrats. Democrats appeared poised to gain four seats on the state Supreme Court, too. The results challenge the Republican dominance of Texas’s legal institutions.
Democrats take over Texas courts Republicans used to fight Washington
Texas has been a formidable venue for states seeking to block federal policies, in part because its government could bring cases and its courts offered routes to favorable rulings. Voters have now handed the attorney general’s office to Democrat Nathan Johnson, defeating Republican Mayes Middleton and ending nearly three decades of Republican control.
Ken Paxton sued the Biden administration more than 100 times. Texas’s legal staff and its ability as a state plaintiff to bring federal cases made the office a powerful instrument in disputes over immigration, environmental rules and other policies. Some cases also moved through federal courts where litigants could select among judges, then on to the Fifth Circuit.
The shift means Texas will no longer be expected to bring the same stream of Republican-backed challenges. Private plaintiffs can still sue, but they may face a harder time establishing standing. Lower-court rulings have also had practical effects when they remained in place for months during appeals.
The election brought other changes to the state’s legal and political leadership: Democrat Gina Hinojosa won the governorship, and Democratic judges replaced Republicans on the new 15th Court of Appeals. Democrats appeared poised to gain four of nine seats on the Texas Supreme Court. The outcomes shift control of institutions that had helped Republicans contest federal policy.
