AUSTIN, Texas (Legal Newsline) - A federal appeals court has ruled Texas Attorney General Ken Paxton shouldn't be deposed in a lawsuit brought by pro-life groups over the enforcement of anti-abortion laws in the state.
On Nov. 14, the U.S. Court of Appeals for the Fifth Circuit granted Paxton's writ of mandamus against a lower court ruling that ordered him to testify. The plaintiffs wished to find out Paxton's stance, arguing public statements like tweets contradicted his court filings.
The district court found there were "exceptional circumstances" that justified the deposition of a high-ranking official like Paxton.
"To accept the district court’s position would undermine the exceptional circumstances test. It is entirely unexceptional for a public official to comment publicly about a matter of public concern," the Fifth Circuit ruled. "If doing so imparts unique knowledge, high-level officials will routinely have to testify."
That Paxton communicated directly with constituents through interviews and tweets does not mean he has time for a deposition, the court ruled.
Plaintiffs like Fund Texas Choice and The Lilith Fund for Reproductive Equity filed suit in Austin federal court earlier this year. The lawsuit says the defendants are attempting to destroy a "pregnant person's right to self-determination and reproductive healthcare."
It followed the June 24 decision by the U.S. Supreme Court that overturned Roe v. Wade.
Tweets, cease-and-desist letters and other forms of communication have threatened corporations around the state who promise to help their staff find abortion-related health care outside of Texas.
The suit cites a letter to the Sidley Austin law firm that said its decision to reimburse travel costs "of employees who leave Texas to murder their unborn children" appears to make the firm "complicit in illegal abortions."
Abortion is a felony in Texas unless the mother's life is in danger, letter read, threatening that the firm is exposing itself to prosecution and disbarment.