The Supreme Court of Texas (SCOTX) has granted a review of the lower court decision that has allowed disciplinary actions by the State Bar of Texas against First Assistant Attorney General Brent Webster to proceed.
Following the 2020 presidential election, Attorney General Ken Paxton filed a lawsuit in the U.S. Supreme Court on behalf of the State of Texas, citing concerns about unconstitutional conduct by other states. In response, the State Bar of Texas sought to sanction Attorney General Paxton and First Assistant Attorney General Brent Webster for filing that lawsuit, initiating disciplinary actions against them.
The attempt by the State Bar to sanction Paxton and Webster is argued to be an unconstitutional violation of the Texas Constitution’s Separation of Powers Clause and principles of sovereign immunity. In April 2024, a coalition of seventeen attorneys general from across the nation filed a brief supporting Paxton and Webster while condemning the actions taken by the State Bar.
“I’m pleased SCOTX will take up this case of blatant, unfounded weaponization of the law, and I am confident that First Assistant Attorney General Webster will prevail,” said Attorney General Paxton. “The disturbing trend of political persecutions in this country—designed to intimidate public officials into silence on crucial issues—must end.”
On June 4, 2024, the Office of the Attorney General (OAG) filed a petition for review asking SCOTX to intervene in what it described as politically motivated lawfare. The court has now agreed to take up the case.
To read the order granting review, click here.