Tag Archive for: Ken Paxton

Federal Judge Blocks Biden ATF Rule Expanding Gun Background Checks

A federal judge temporarily blocked the Biden administration from fully enforcing a gun background check rule Sunday night.

Attorney General Merrick Garland announced the rule covering background checks for firearms purchases April 10, claiming it was based on bipartisan legislation passed in the wake of a deadly school shooting in Uvalde, Texas. United States District Judge Matthew J. Kacsmaryk of the Northern District of Texas issued a temporary restraining order blocking the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from enforcing the rule against the state of Texas and certain gun organizations until June 2.

The rule would dramatically expand the definition of when someone is “engaged in business” as a gun dealer subject to background check regulations, thereby expanding the number of people who must run background checks on firearms sales.

“President Biden and his anti-gun administration have aggressively pursued an agenda meant to harass, intimidate, and criminalize gun owners and dealers at every turn,” Gun Owners of America Senior Vice President Erich Pratt said. “This ruling is a compelling rebuke of their tyrannical and unconstitutional actions that purposely misinterpreted federal law to ensure their preferred policy outcome.”

Texas Attorney General Ken Paxton and other Republican state attorneys general sued to block the rule May 1.

“I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect,” Paxton said in a press release. “The Biden Administration cannot unilaterally overturn Americans’ constitutional rights and nullify the Second Amendment.”

The Biden administration has pushed multiple regulations of firearms since the passage of the Bipartisan Safer Communities Act passed in June 2022 following the shooting at Ross Elementary School in Uvalde.

The states of Alabama, Alaska, Arkansas, Georgia, Indiana, Idaho, Iowa, Missouri, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Virginia, West Virginia and Wyoming joined the suit, according to a May 1 release by Republican Attorney General Austin Knudsen of Montana.

“The NRA applauds Judge Kacsmaryk’s order and congratulates Attorney General Paxton on his win in this important case,” NRA-ILA Executive Director Randy Kozuch told the Daily Caller News Foundation. “As Judge Kacsmaryk notes in his order, ATF’s ‘engaged in the business’ rule far exceeds the agency’s authority and targets gun owners engaged in lawful firearm transfers. The rule is just one more example of how the lawless Biden Administration is willing to put its hatred of law-abiding American gun owners over the rule of law.”

The White House did not immediately respond to requests for comment from the DCNF.

AUTHOR

HAROLD HUTCHISON

Reporter.

RELATED ARTICLE: Republican AGs File Suit Against Biden’s ATF Over Background Check Rule

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Federal Court Rules Major Biden Spending Bill Was Passed Unconstitutionally

A federal judge ruled Tuesday that a $1.7 trillion spending bill was unconstitutionally passed in December 2022 due to the lack of a quorum, blocking enforcement of a law about pregnant women in the workplace.

United States District Judge James Wesley Hendrix of the Northern District of Texas said that the House of Representatives improperly passed the spending package because a quorum of members was not physically present. The then-Democrat-controlled body allowed proxy voting for the measure, which 215 Democrats and nine Republicans supported.

“Although the Court finds that the passage of the Consolidated Appropriations Act violated the Constitution, Texas does not seek an injunction of—and the Court does not enjoin—the entire Act,” Hendrix wrote in the 120-page opinion. “Rather, the Court enjoins only the application of the Pregnant Workers Fairness Act against Texas. The relief granted here is limited to abating the injury that Texas has proven will occur.”

“Based on the Quorum Clause’s text, original public meaning, and historical practice, the Court concludes that the Quorum Clause bars the creation of a quorum by including non-present members participating by proxy,” Hendrix added. “Supreme Court precedent has long held that the Quorum Clause requires presence, and the Clause’s text distinguishes those absent members from the quorum and provides a mechanism for obtaining a physical quorum by compelling absent members to attend. This power to compel attendance makes little sense divorced from physical presence.”

Paxton sued President Joe Biden in February 2023 for signing the measure, arguing in court documents that congressional power to force absent members to attend “would make little sense if the Constitution did not require physical attendance.”

“Congress acted egregiously by passing the largest spending bill in U.S. history with fewer than half the members of the House bothering to do their jobs, show up, and vote in person,” Paxton said in a Tuesday afternoon release. “Former Speaker Nancy Pelosi abused proxy voting under the pretext of COVID-19 to pass this law, then Biden signed it, knowing they violated the Constitution. This was a stunning violation of the rule of law. I am relieved the Court upheld the Constitution.”

The Supreme Court ruled against Republican efforts to challenge the proxy voting rule put in place during the 2020 COVID-19 pandemic in January 2022.

The White House did not immediately respond to a request for comment from the Daily Caller News Foundation.

AUTHOR

HAROLD HUTCHISON

Reporter.

RELATED ARTICLE: DCNF Reporter Details Dem Rep.’s Proxy Voting-Enabled High Life

EDITORS NOTE: This Daily Caller column is republished with permission. ©All rights reserved.


All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

Texas AG Sues Pfizer For ‘Conspiring To Censor’ COVID-19 Vaccine Critics

Republican Texas Attorney General Ken Paxton filed a lawsuit Thursday against Pfizer for allegedly misrepresenting the effectiveness of its COVID-19 vaccine and “conspiring to censor” critics.

The lawsuit alleges Pfizer “deceived the public” by claiming its vaccine was 95% effective, as well as through suggestions it made about the vaccine’s duration of protection, protection against transmission and protectiveness against variants. Pfizer then “coerced social media platforms to silence prominent truth-tellers,” including a former FDA Commissioner Brett Giroir and journalist Alex Berenson, engaging in a “censorship campaign” to suppress content that would negatively impact sales, according to the lawsuit.

“Pfizer intentionally misrepresented the efficacy of its COVID-19 vaccine and censored persons who threatened to disseminate the truth in order to facilitate fast adoption of the product and expand its commercial opportunity,” the complaint alleges. “In light of the multi-billion dollar bet that Pfizer made on the vaccine and its need to quickly establish the product as the marketing leader, Pfizer was heavily incentivized to, and in fact did, make misrepresentations intended to confuse and mislead the public in order to achieve widespread adoption of its vaccine.”

The complaint states that government reports show in some places “a greater percentage of the vaccinated were dying from COVID-19 than the unvaccinated” by 2021.

“We are pursuing justice for the people of Texas, many of whom were coerced by tyrannical vaccine mandates to take a defective product sold by lies,” Paxton said in a statement. “The facts are clear. Pfizer did not tell the truth about their COVID-19 vaccines.”

“Whereas the Biden Administration weaponized the pandemic to force illegal public health decrees on the public and enrich pharmaceutical companies, I will use every tool I have to protect our citizens who were misled and harmed by Pfizer’s actions,” he continued.

Pfizer did not immediately respond to the Daily Caller News Foundation’s request for comment.

AUTHOR

KATELYNN RICHARDSON

Contributor.

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EDITORS NOTE: This Daily Caller column is republished with permission. ©All rights reserved.


All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

Texas AG Ken Paxton Acquitted In Impeachment Trial

The impeachment trial of Texas Republican Attorney General Ken Paxton came to an end Saturday, with the eligible state senators voting not to remove him from office.

The GOP-held state House voted to impeach the attorney general in late May over alleged corruption, bribery, obstruction and other charges related to the FBI’s investigation into real estate developer and Paxton donor, Nate Paul. The senators acting as the jury did not sustain the 16 articles of impeachment, and voted to acquit Paxton, according to the trial livestream.

The senators voted to acquit Paxton on the first ten articles of impeachment, as well as articles 15 – 20, according to the trial livestream. Two-thirds of the 30 eligible senators had to have voted to sustain at least one of the 16 articles in order for Paxton to have been convicted and removed from office.

The four articles that the Senate previously voted to be deliberated on at a later date, articles 11 – 14, were dismissed via a motion following Paxton’s acquittal, according to the trial livestream. Paxton’s wife, Angela, a Republican state senator, was not permitted to take part in the vote, but was still required to attend the proceedings.

Paxton pleaded not guilty to the 16 articles on the first day of the trial, and his defense attempted to discredit the prosecution’s arguments through evidence. The impeachment trial centered around testimony from former Paxton staffers, whistleblowers, current employees and other key witnesses.

Former President Donald Trump rushed to Paxton’s defense ahead of the verdict on Thursday, which the attorney general touted on social media.

“Texas Attorney General Ken Paxton was easily re-elected last November, but now establishment RINOS are trying to undo that Election with a shameful impeachment of him,” Trump wrote on Truth Social. “Who would replace Paxton, one of the TOUGHEST & BEST Attorney Generals in the Country? Could it be a Democrat, or even worse, a RINO? The voters have decided who they want! Democrats are feeling very good right now as they watch, as usual, the Republicans fight & eat away at each other. It’s a SAD day in the Great State of Texas!”

Paxton served in both chambers of the state legislature before being elected as attorney general in 2014, according to Ballotpedia. The attorney general was reelected in 2018 by 3.6 points and in 2022 by nearly 10 points.

The attorney general announced Wednesday that he will sit down with Daily Caller News Foundation co-founder Tucker Carlson next week for an interview about the impeachment trial.

AUTHOR

MARY LOU MASTERS

Contributor.

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EDITORS NOTE: This Daily Caller column is republished with permission. ©All rights reserved.


All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

States Sue Obama over Transgender Bathroom Mandate by Ben Johnson

AUSTIN, Texas (LifeSiteNews) – Eleven states will sue the Obama administration over a controversial federal guidance requiring public schools and universities to allow transgender students to use the restrooms, showers, and overnight accommodations of the opposite biological sex.

The states filing the lawsuit include Texas, Alabama, Arizona, Georgia, Louisiana, Maine, Oklahoma, Tennessee, Utah, West Virginia, and Wisconsin.

The lawsuit accuses the Obama administration of turning “educational settings across the country into laboratories for a massive social experiment, flouting the democratic process, and running roughshod over commonsense policies protecting children and basic privacy rights.”

Texas Attorney General Ken Paxton announced the multistate legal action during a press conference this afternoon.

The Obama administration’s guidance requires schools to give anyone who identifies as transgender access to hotel rooms or dorm rooms, locker rooms, and restroom facilities used by the opposite sex. The Obama administration says this is necessary for transgender people – who account for 0.3 percent of the U.S. population – to feel “safe,” but opponents say it exposes women to the advances of sexual predators who will use the law for their own ends.

Schools that fail to comply could be deemed guilty of violating Title IX, a 1972 law written to prevent discrimination against biological women. Nothing in that law refers to transgender status or gender identity.

Although the Obama administration’s guidance does not have the force of law, it holds the implicit threat of withholding billions of dollars in federal education funding from needy schools if it is not implemented.

“In President Obama’s final drive to fundamentally transform America, he has pushed aside the concerns of parents and schools, the privacy and safety of students, and ignored the boundaries of his constitutional power,” said Family Research Council President Tony Perkins. “We commend Texas Attorney General Ken Paxton and these 10 other states for resisting the president’s locker room and bathroom decree that sacrifices the privacy and safety of children.”

Many of the plaintiffs cited legal and constitutional protections that constrain the federal government from setting local school policy.

“School policies should be determined by individual states, educators and parents – not dictated by a presidential decree,” said West Virginia Attorney General Patrick Morrisey in a statement.

Tennessee Attorney General Herbert Slatery saw it as another example of the president legislating by executive fiat. “Our office has consistently opposed efforts like this to take away states’ rights and exclude the people’s representatives from making these decisions, or at a minimum being able to engage in a notice and comment period under the Administrative Procedures Act (APA),” he said.

Read more.

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