June 12 (UPI) — A federal judge blocked a lawsuit by Texas Attorney General Ken Paxton against Democratic fundraising platform ActBlue.
In a 15-page ruling, U.S. District Judge Richard Stearns granted ActBlue a preliminary injunction banning Paxton from continuing the litigation, finding that ActBlue was likely to win in its claims that the suit infringed on its First Amendment’s free-speech protections.
The judge said the suit was filed in retaliation of ActBlue raising funds for James Talarico, who is running for Senate against Paxton.
“The lawsuit in Texas is undoubtedly an adverse action,” Stearns wrote in the order. “And having previously found bad faith, the court agrees with ActBlue that the evidence in the record compels the conclusion that, far from protecting Texas consumers, the action was filed in retaliation for ActBlue’s fundraising on behalf of Talarico, Paxton’s current political rival for the Senate seat.”
Paxton began an investigation in 2023 against the organization for allegedly enabling international donors to make gifts through gift cards and prepaid debit cards. President Donald Trump requested the investigation before he was re-elected. Paxton filed suit in April.
“The truth is plain and captured in Paxton’s own declarations: The lawsuit was filed in retaliation for (and in an attempt to suppress) ActBlue’s efforts to fund [James] Talarico’s campaign,” Stearns ruled.
ActBlue sued in Boston to stop Paxton, claiming Paxton’s suit was “rife with false and inflammatory allegations” and was filed soon after a $2 million funding day for Talarico. ActBlue is based in Massachusetts.
“Paxton’s public statements in the wake of filing the case against ActBlue reveal his true motivation,” Stearns wrote. “While a prosecutor is entitled to a large degree of prosecutorial discretion and has a right to make a considered public accounting of his actions, Paxton did not hesitate in drawing a connection between the lawsuit and his candidacy for Senate.”
Paxton had alleged that ActBlue had misrepresented itself to donors.
“The platform does nothing more than facilitate political donations from private donors, who seek out its convenience, anonymity and aggregation of the benefit bestowed on chosen political candidates,” Stearns ruled.