WASHINGTON − Even his supporters acknowledge that Texas Attorney General Ken Paxton, now fighting for his political survival, has proven to be one of the nation’s most aggressive litigants at the Supreme Court, challenging Democrats in recent years over immigration, health care and the 2020 presidential election.
But despite what might be considered a friendly audience on a court where conservatives hold a 6-3 advantage, the three-term Republican official hasn’t always had an easy ride at the nation’s highest court.
Paxton was impeached Saturday by the Texas House of Representatives, a decision that drew support from an overwhelming majority of Republican state lawmakers. The charges, which stem from allegations that he abused his authority, will lead to a trial later this summer to determine whether he will be permanently removed from office.
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Texas Solicitor General Judd Stone, who works for Paxton and represents the state before the Supreme Court, argued five cases in the 2021-2022 term, tying for the most appearances alongside U.S. Solicitor General Elizabeth Prelogar, who represents the Biden administration, according to SCOTUSblog. This term, Stone has appeared twice.
Here’s a look at some of the biggest Supreme Court cases Paxton has been involved with recently:
Lost: Paxton vs. blue states in battle over 2020 election
Claiming that a “dark cloud hangs over the 2020 presidential election,” Paxton filed a lawsuit against Pennsylvania and three other battleground states over their expansion of mail-in ballots, attempting to halt certification of President Joe Biden’s victory. Virtually every state in the nation took a side in the case, which the Supreme Court ultimately rejected on Dec. 11, 2020 in a brief order. Justices Samuel Alito and Clarence Thomas said they would have granted Texas’ request to make its case but stressed that they “would not grant other relief.”
Won: A divisive prelude to decision to overturn Roe v. Wade
Months before the Supreme Court overturned Roe v. Wade and the constitutional right to abortion it had established, the high court allowed a Texas ban on abortion after six weeks of pregnancy to stand and severely limited the ability of abortion rights group to challenge it. The court’s opinion in late 2021 did not touch on broader constitutional questions about the Texas law, known as SB8, but it permitted Texas to incentivize private citizens to sue providers, nurses and anyone else who helped a person obtain an abortion in violation of the law. Largely agreeing with the state’s argument, the court ruled that the clinics could not sue Paxton to halt the law.
Lost: Texas brings Obamacare back for another round
Paxton led 17 other conservative states in the latest effort to knock out the Affordable Care Act, specifically targeting the so-called individual mandate that requires Americans to obtain health insurance or pay a penalty. The Supreme Court ruled in 2012 that Congress was authorized to levy the penalty under its power to tax. But Texas claimed that the penalty stopped being a tax once former President Donald Trump signed a law in 2017 cutting it to zero. In a 7-2 decision in 2021, the court sidestepped the issue and instead ruled that Texas and the other states did not have standing to sue because they were not directly harmed by the law.
Won: Texas leads push to roll back protections for immigrants
Paxton led conservative states in challenging President Barack Obama’s effort to protect millions of immigrants in the country illegally from deportation and allow them to seek work permits. The Supreme Court deadlocked 4-4 over the plan in 2016 (Justice Antonin Scalia had died months earlier). The tie vote left intact a preliminary injunction that blocked the program after Texas and 25 other states claimed Obama lacked the authority to circumvent Congress in creating the program, which extended protection to some parents of children who were born in the United States or are legal residents.
Lost: A preacher’s touch in the execution chamber
John Ramirez, convicted of a 2004 murder at a convenience store, sued Texas officials over a policy that prohibited his pastor from placing his hands on him and praying aloud at his execution. Texas accused Ramirez of raising the issue only to delay his sentence and said the request would be unsafe, but the Supreme Court ruled 8-1 for Ramirez last year on procedural grounds. Texas ultimately executed Ramirez in October with his pastor at his side.
Pending: Biden’s power to choose immigrants for deportation
The high court heard more than two hours of spirited oral arguments late last year in a challenge from Texas and Louisiana over a Biden administration policy of focusing enforcement on immigrants who pose a threat to national security, public safety or who recently crossed the border. The states say the policy has forced them to spend more money on law enforcement and health care and that federal law gives Biden less discretion to pick and choose targets of enforcement. The Supreme Court is expected to rule in the case in June.
Pending: May states regulate content on Twitter, Facebook?
The Supreme Court continues to weigh appeals involving laws in Texas and Florida that ban social media giants like Facebook and Twitter from moderating content. Texas Gov. Greg Abbott, a Republican, signed a law in 2021 that blocked the tech firms from restricting or removing content, a response to complaints from former President Donald Trump and other conservatives that the sites stifle Republican voices. In an early loss for Paxton, a 5-4 majority last year blocked the state from enforcing its law while the case continues. The court earlier this year asked the Biden administration to submit its view on whether to grant the appeal.
