Paxton Continues Proving Texas Anti-Migrant Nonprofit Laws Unconstitutional
I told you earlier this month that the Lazy Eyed Cowboy’s cynical efforts to harass migrant nonprofits out of existence resulted in a federal court declaring unconstitutional a whole Texas statute prohibiting “vote harvesting.” The judge said the Texas statute was vague and overly broad. Not just as applied but on its face. Before that, Paxton proved the unconstitutionality of Texas’ “Request to Examine” statute. Paxton uses that statute routinely to harass nonprofit migrant shelters. A state judge described his use of that statute against Annunciation House as “outrageous and intolerable.” But that judge didn’t declare the whole thing unconstitutional, exactly. He said the AG’s heavy handed use evinced a “disregard for the constitutional rights.” Paxton appealed and that case is pending before the Texas Supreme Court. Oral arguments are scheduled for January. But now a federal magistrate has declared that statute unconstitutional as well.
Texas courts have universally refused to enforce the request to examine statute against nonprofits but have never gone so far as to declare the whole thing unconstitutional. Until now. Last Friday, in an unrelated case brought by Spirit AeroSystems, Inc. a federal district court declared the State’s administrative subpoena statute unconstitutional, according to Bloomberg and other sources here and here.
Attorney General Ken Paxton can’t use a state statute that he repeatedly relies on to scrutinize various companies and nonprofits — including an El Paso migrant shelter network and a nonprofit focused on increasing Latinos’ civic participation — after a federal magistrate judge on Friday ruled the tool unconstitutional, according to Bloomberg Law.
Judge Mark Lane of the Western District of Texas verbally granted a permanent injunction stopping Paxton using what’s called a “request to examine” to probe myriad practices. The ruling stemmed from a lawsuit filed by Spirit AeroSystems, Inc., a Boeing 737 jets manufacturer that received such a request from Paxton earlier this year requiring the company to produce a variety of documents. Spirit challenged the constitutionality of Texas’ request to examine statute because it requires recipients to “immediately permit” the attorney general to inspect its records, without an opportunity for precompliance judicial review of the request — in violation of the right to freedom from unreasonable search or seizure that’s granted by the Fourth and 14th Amendments of the Constitution. Lane agreed.
The judge issued his order from the bench, saying it was an “easy call” since the statute provided for no due process. He instructed Spirit’s lawyers to prepare an order for his signature by October 22, 2024. I wonder if that order will moot the Lazy-eyed Cowboys Annunciation House appeal before the Texas Supreme Court. Either way, things continue to go downhill for Paxton in court. That’s exactly the type of record that might bet him appointed U.S. Attorney General if Trump wins.
darryll k. jones