Aug. 26 (UPI) — A U.S. district court has blocked Texas from banning drag performances as unconstitutional, ruling that the solution to the problem is for those who find such events offensive to just not attend.
Texas Gov. Greg Abbott signed Senate Bill 12 into law in June 2023 to ban “sexually oriented performances” via civil penalties on businesses that host them and criminal penalties on performers.
It has been debated in the courts since, with a court ruling it unconstitutional in 2023 and an appeals court in February allowing it to take effect while sending the case back to the district court for review.
On Tuesday, U.S. District Judge David Hittner, a Reagan appointee who issued the 2023 ruling, declared Senate Bill 12 an unconstitutional restriction on speech and ordered that the state be permanently enjoined from enforcing it.
“Finally, for those who find such activities as described in this case offensive, the solution is relatively simple … just don’t go,” Hittner said.
Texas Attorney General Ken Paxton, who is running for the U.S. Senate with President Donald Trump‘s endorsement, called the ruling in a statement “flawed,” arguing without proof that it will endanger children while being “an affront to Texas values.”
“I will appeal this decision immediately and continue to fight to protect our kids,” he said online.
Meanwhile, civil rights and LGBTQ advocates celebrated the ruling.
“Today’s decision confirms that the legislature’s attempt to ban drag performances was unconstitutional from start to finish,” Brian Klosterboer, senior staff attorney at the American Civil Liberties Union of Texas, which filed the original lawsuit in August 2023, said in a statement.
“This law stifled free expression across our state and made people afraid to engage in or attend drag shows and other performances. But all Texans — no matter our gender or background — are guaranteed the right to free expression.”
Brigitte Bandit, a drag performer and a plaintiff in the case, said the ruling was “a relief.”
“As a lifelong Texan, I’m sick of this state trying to censor art and stoke hatred and violence against drag artists and the LGBTQIA+ community. No one should be punished for performing drag, and I wish lawmakers would take steps to protect kids from real dangers in our state instead of trying to divide and marginalize us.”
Aug. 17 (UPI) — A group of Texas families are asking the U.S. Supreme Court to hear a challenge to a state law that requires public schools to post a version of the Ten Commandments in a visible spot in every classroom.
The more-than-two-dozen families of various religious faiths and none are appealing a lower court’s decision in April to uphold Senate Bill 10. The families are from 22 school districts throughout the state and are represented by the American Civil Liberties Union, the ACLU of Texas, Americans United for Separation of Church and State and the Freedom from Religion Foundation.
“Texas politicians shouldn’t have a seat at the table in deciding how our children receive their religious education,” said plaintiffs Rebekah and Ted Lowe of Austin, who are raising their children in Christian and Jewish religious traditions. “This law puts one version of religious beliefs above all other in our public schools and sends a message to our children that what we teach them about religion at home is somehow wrong.”
“I’m not only worried about my own kids, but I’m deeply concerned about all the children in my congregation,” said plaintiff Rabbi Joshua Fixler of Houston. “These displays put children in the position of having to defend themselves and their families’ religious beliefs against a government mandate that makes them feel different and separate from their classmates.”
In April, the Fifth Circuit Court of Appeals ruled that the law does not violate the First Amendment’s establishment clause — which prevents the government from establishing a religion — or free exercise clause — which forbids government from prohibiting “free exercise” of religion.
“This is a major victory for Texas and our moral values,” said Ken Paxton, Texas’s Republican attorney general, after the ruling. “The Ten Commandments have had a profound impact on our nation, and it’s important that students learn from them every single day.”
However, in its release on the request Monday, the ACLU noted that a Supreme Court case in 1980 — Stone vs. Graham — already dealt with the matter of the Ten Commandments in public schools. In that case, the high court found that a Kentucky law requiring the Ten Commandments to be posted in every public-school classroom was unconstitutional and violated the establishment clause.
In the filing Monday, the lawyers for the families involved said the court should again reject the idea of government-imposed religion.
“If the permanent, unavoidable imposition of biblical scripture in public-school classrooms does not interfere with, or threaten to undermine, parents’ ability to direct their children’s religious education and ot instill particular religious beliefs and practices, it is difficult to imagine what would,” the filing said.
Eight years ago, during a campaign for Texas attorney general, Justin Nelson ran television advertisements with security camera footage of Ken Paxton pocketing an expensive pen that didn’t belong to him.
Four years ago, George P. Bush went after Paxton by putting up billboards that said “he’s a crook” next to his mugshot from when he was charged with securities fraud.
And this year, U.S. Sen. John Cornyn said “judgment day is coming” as he tried to fend off a Republican primary challenge from Paxton.
All of them lost. Now the question is whether James Talarico, who topped Rep. Jasmine Crockett in an expensive and fiercely contested Democratic primary, will have any more luck as he faces off against Paxton in one of the country’s most closely watched U.S. Senate races.
“The guy’s ability to take shots and just keep moving on and stay in elected office is unlike anything I’ve ever seen in my career, in 25 years of running campaigns,” said Ash Wright, who worked as a senior adviser to Bush.
Paxton never has been convicted and he’s survived by championing conservative legal battles over immigration, abortion and transgender issues in a Republican-dominated state. Much like President Trump, he’s long portrayed himself as the victim of political persecution.
Democratic Senate candidate James Talarico speaks at a rally in Houston in May.
(Danielle Villasana / Getty Images)
Former Paxton challengers and a half-dozen campaign strategists who worked against him warned that Texans may tune out any attempt to revive scandals that they’ve heard about for years, especially when rigid partisanship has convinced voters to be extraordinarily forgiving of candidates’ trespasses.
However, Talarico’s team has studied the previous races and is attempting its own version of the playbook by trying to paint Paxton as part of a broader culture of corruption that has failed to improve people’s lives.
Paxton’s campaign suggested Talarico’s claims were aimed at distracting voters from a record of “out-of-touch views.”
“Every time a fighter, like President Donald Trump and now Ken Paxton, stands up to the permanent political class, even after they are completely acquitted of wrongdoing, people like James Talarico continue pushing the same accusations and claiming corruption,” Paxton campaign spokesperson Madison Cercy said.
Paxton won first reelection despite indictment
Paxton was first elected as Texas attorney general in 2014, and Nelson ran against him in 2018. A Democratic lawyer from Austin, Nelson made Paxton’s indictment on charges of securities fraud central to his campaign, and poked fun at him for picking up another lawyer’s $1,000 pen after finding it at a courthouse security checkpoint.
“Vote Justin Nelson for Texas attorney general,” the narrator said. “He will fight on behalf of all Texans. And he won’t steal your pen.”
Nelson argued that his approach was effective, reflected in Paxton’s narrow margin of 3.6 percentage points in a year when Republican Greg Abbott was reelected as Texas governor by more than 13 percentage points. Nelson’s campaign spent roughly $6.5 million, about half of what Paxton’s campaign spent.
“My message was working,” Nelson said. “I just needed to go louder and longer.”
In 2022, Paxton faced a Republican primary challenge from George P. Bush, the Texas land commissioner and the grandson and nephew of two former presidents from the state.
The securities fraud case was ongoing, and Paxton also was under federal investigation over accusations that he abused his position to benefit an Austin real estate developer, took bribes and retaliated against whistleblower employees.
Paxton responded by portraying himself as a Trump-era Republican and Bush as the heir to a privileged political legacy.
Pro-Paxton organizations spent more than $20 million, about twice as much as Bush and his allies. The race went to a runoff, in which Paxton defeated Bush by 34 percentage points.
Paxton ran against Rochelle Garza, a Democratic civil rights lawyer from Brownsville, in the general election. She said her campaign had a 300-page opposition research file on Paxton but it was difficult to figure out how to approach his past because voters had heard about it for years.
“The amount of potential hits on Paxton can make message discipline challenging,” Garza said.
Paxton ran as the leading legal opponent of President Biden, promoting a string of lawsuits against Biden’s Democratic administration on immigration, abortion and gender policy.
Overwhelmingly outspent, Garza lost by roughly 10 percentage points.
Some supporters see Paxton as a ‘flawed’ fighter
There was more trouble ahead for Paxton.
He split with his wife, who later filed for divorce “on biblical grounds.” He also was impeached by the Texas House, although the Senate acquitted him in 2023 and allowed him to remain in office. The securities fraud case ended in 2024, and Paxton was directed to pay nearly $300,000 in restitution.
Throughout the years, he’s maintained strong support from Republican voters like David and Nancy Lapp, a retired couple from the small town of Wolfforth. They described him as a conservative warrior who has been a victim of persecution.
“He’s had his share of scandals, and almost all of them have, so it’s not necessarily disqualifying anymore,” said David Lapp, 76. “He’s a flawed person, no doubt about it, but he fights for traditional American ideals.”
He added that “nowadays, as long as you’re not in jail, they’ll elect you.”
Beaumont writes for the Associated Press. Associated Press reporters Jesse Bedayn in Del Rio, Texas, and Marc Levy in Wolfforth, Texas, contributed to this report.
July 1 (UPI) — President Donald Trump has announced that the Republican Party will hold a midterm convention, an unprecedented development seemingly aimed at mobilizing the GOP base ahead of November’s midterm elections.
The convention highlights the importance Trump has placed on the midterms, framing Republican control as necessary to protecting his presidency and the implementation of his America First agenda. He has warned Republicans that if they lose the House, Democrats would seek to impeach him and use their investigative powers to probe him, his family and other GOP officials.
Trump announced the convention Tuesday on his Truth Social media platform, saying it will be held Sept. 9-10 in Dallas, Texas.
“It will be fantastic! It has never been done before, and will be a truly Historic Event,” he said, describing it as an opportunity to promote his administration’s purported accomplishments.
“We are going to celebrate the GREAT AMERICAN COMEBACK, and the incredible successes of the American People who transformed our Country through the America First Agenda.”
GOP Chairman Joe Gruters emphasized that the event will be centered on the president, calling it “Trumpapalooza” in an online statement.
“This historic midterm convention will highlight President Trump’s many accomplishments and unwavering commitment to restoring America!” Gruters said, adding that the event will “showcase the work Republicans have done to advance the America First agenda!”
The convention will be held in a solidly red state but comes as Trump’s approval sinks and a as November Senate race is competitive.
Democrat James Talarico is running against Texas Attorney General Ken Paxton in the Senate contest, and the convention may give draw attention to the GOP’s candidate.
Texas state Rep. Cassandra Garcia Hernandez, a Democrat, said the convention was proof that both the national and Texas Republican parties were worried about the Senate seat.
“They’re not only holding their first-ever midterm convention, they’re holding it right here in our state,” she said in an online statement.
“The battleground for our nation runs through Texas.”
Trump first said in September 2025 that the Republican Party would hold a midterm convention, saying it would “show the great things we have done since the Presidential Election of 2024.”
Democratic National Committee Executive Director Roger Lau responded to Trump’s September announcement by saying his party would be more reserved and precise with how it uses its resources.
“Republicans were baited into wasting time and money on a midterm convention that will sink their swing-seat candidates by tying them directly to Trump’s wildly unpopular policies,” Lau said in a statement.
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.
AUSTIN, Texas — A lawyer who represented Texas Atty. Gen. Ken Paxton for nearly a decade over accusations of corruption and securities fraud is supporting Democrat James Talarico — and not his former client — in one of the biggest U.S. Senate races.
Talarico on Monday drew attention to his campaign winning the endorsement of Houston attorney Dan Cogdell, who was part of Paxton’s defense team during the Republican’s historic impeachment trial in 2023 that ended in acquittal.
The legal troubles that shadowed Paxton in public office in Texas are a central attack line of Talarico’s campaign, though in his endorsement, Cogdell didn’t cite concerns about his client’s past.
Cogdell said he didn’t dislike Paxton as a person and felt that Texas lawmakers were right to eventually acquit the attorney general. But as a politician, Cogdell said, Paxton is too focused on appeasing President Trump.
“I worked my ass off for the man for nine years,” Cogdell said in an interview with the Associated Press. “But that’s a different inquiry, my obligation to Ken ended at the courthouse steps and my obligation as a citizen is to do what I think is the right thing.”
Cogdell said Texas needs a lot of work, pointing to education and health care, “and to simply bootlick or rubber stamp Trump, that’s not what we need in D.C. right now.” He also recently spoke to Talarico at length on Cogdell’s podcast.ty.
Asked for comment, an aide to Paxton’s campaign said Cogdell is a Democrat and called the endorsement unsurprising.
The lead defense attorney in Paxton’s impeachment trial, Tony Buzbee, reiterated that on X. Buzbee added that he was supporting Paxton in the race.
Cogdell described himself as a registered Democrat, although voters in Texas do not register by political party. He added, however, that he considers himself a moderate who has given more campaign contributions over the years to Republican candidates than Democrats.
Talarico has given Democrats hope of flipping the statewide seat in Texas blue as the party scrambles to retake control of the U.S. Senate in November.
Paxton’s insurgent campaign beat Sen. John Cornyn in the Republican Senate primary runoff last month, helped by a Trump endorsement in the final days of the race.
