Ken Paxton seeks to dismiss Texas bar’s lawsuit against him over his attempt to overturn the 2020 election

Texas Attorney General Ken Paxton is seeking to dismiss a professional misconduct lawsuit filed by the state bar against him related to his legal challenge of the 2020 presidential election, court documents show.

In a court filing June 27, Paxton asked a district court in Collin County to dismiss the Texas State Bar’s lawsuit. The state’s top lawyer, a Republican who is seeking a third term in office, said state bar investigators are biased and politically motivated against him.

After the 2020 election, Paxton filed a federal lawsuit seeking to overturn elections in battleground states where former President Donald Trump, a Paxton ally, had lost. The Supreme Court eventually dismissed the suit, saying that Texas had no standing to sue.

The suit against Paxton last year came after a group of 16 lawyers, including four former state bar presidents, filed an ethics complaint against Paxton arguing that he demonstrated a pattern of professional misconduct, including filing the suit challenging the results of the 2020 elections.

In the court filing, Paxton said the state bar’s Commission for Lawyer Discipline, which filed the suit, had no authority to “police the decisions of a duly elected, statewide constitutional officer of the executive branch.” Paxton also stood by his decision to challenge the results of the 2020 election.

Paxton did not immediately reply to a request for comment.

Gov. Greg Abbott’s lead over Beto O’Rourke narrows to 6 points in Texas, poll finds

Republican Gov. Greg Abbott’s lead over Democratic challenger Beto O’Rourke narrowed to 6 points last month, according to a poll conducted by the Texas Politics Project at the University of Texas at Austin. That’s a smaller gap than when Republican George W. Bush ousted Democrat Ann Richards in 1994 with a 7.6-point win.

Abbott’s unfavorability ratings are also the highest they’ve ever been at 44%, according to the poll, which was conducted after the deadliest school shooting in state history and almost entirely before the U.S. Supreme Court overturned the constitutional right to an abortion.

Jim Henson, director of the Texas Politics Project, said the mass shooting in Uvalde and scrutiny over how it was handled could have contributed to Abbott’s increased unfavorability, but it’s hard to say how much exactly.

The political poll did not include specific questions related to the shooting in Uvalde, but it did ask participants to rate Abbott’s performance on handling gun violence. About 36% of participants said they approve of how the governor has handled this issue, while 45% said they disapprove.

The mass shooting in Uvalde and the overturning of Roe v. Wade have laid the groundwork for a contentious final four months in the race to lead the state. While O’Rourke works to harness the anti-incumbent energy spurred by the seismic events of the past few months, Abbott is banking on a general election centered on stronger issues for him: the economy and the border.

Mounting expectations over how the Supreme Court would rule on abortion access could be another factor that contributed to Abbott’s weakened ratings, Henson said. Although the poll ended the same day Roe v. Wade was overturned, it included questions about abortion access that show how voters feel regarding the issue. About 36% of participants said they approve of how Abbott has handled policies related to abortion access, and 46% said they disapprove.

Now that Roe v. Wade has been overturned and Texas is poised to completely outlaw abortion access, it will likely be a pivotal topic in the upcoming months, Henson said.

“If we look back at the half dozen times we’ve asked the standard abortion questions since 2014, no more than a quarter of Republicans have ever said that by law abortion should never be permitted,” he said.

Voters will see that reality reflected in how Abbott and O’Rourke discuss abortion access in the upcoming months, he said.

“In terms of that affecting the election, we can expect Democratic candidates to talk about this a lot, and we can expect Republican candidates to not want to talk about it very much,” Henson said.

Despite the ratings, Abbott carries most of the advantages in the race: His campaign is well funded for a midterm election that is expected to favor Republicans across the country. The governor’s allies argue that voters are more worried about skyrocketing inflation and illegal immigration — and that O’Rourke cannot separate himself from President Joe Biden, who is very unpopular in Texas.