GOP lawsuits 'beheaded' as red states boot conservative attorneys general

Texas Attorney General Ken Paxton at the 2024 AmericaFest at the Phoenix Convention Center in Phoenix, Arizona (Gage Skidmore/Flickr)

One of the huge shifts in the election is that many state attorneys general switched to Democrats, namely, Texas. Until recently, the Texas AG's office was run by Ken Paxton, who led the way on several cases that involved states suing the federal government.

With Democratic victories, however, the Republican legal coalition is faltering, Bloomberg Law reported on Monday.

Democratic gains in Texas, along with Ohio, Georgia, Iowa and Kansas, removed many Republican AGs from leadership. Those incoming attorneys general are likely plotting their own options to stand up to President Donald Trump's administration.

Paxton used substantial resources allocated to his office to lead multistate lawsuits, defend conservative policies and develop legal talent. Attorney General-elect Nathan Johnson has made it clear that he will do none of that. In fact, he intends to withdraw all of Paxton's cases that focus on the ideological battles. He also announced that he will conduct a top-to-bottom investigation into Paxton's use of state funds for political purposes.

“The red-state coalition has effectively been beheaded," said Michelle Kallen, the former Virginia solicitor general.

The report quickly pointed out, however, that the election doesn't change the makeup of the federal judiciary. Democratic attorneys general challenging Trump’s policies will likely encounter conservative federal appellate judges and potentially the Supreme Court. That limitation matters for immigration litigation. After the election, starting in January, no Republican attorney general will represent a southern border state.

It has left GOP states wondering who will take over without Paxton.

Florida is one option, with Attorney General James Uthmeier already active in cases involving tech corporations, abortion, parents' rights and corporate regulation. There are also Republican AGs in West Virginia, Alabama, Tennessee and other states, who could take on larger roles.

But removing Texas from the group is a huge shift. The funding for the AG's office supported more than 4,000 people, including over 750 attorneys and 17 lawyers dedicated to the solicitor general’s office, Bloomberg cited. That's how Texas was able to support the ongoing efforts to ban reproductive freedom beyond the elimination of Roe v. Wade.

“State litigation is funded publicly, while private groups would have to fundraise. And states have doctrines that make it easier to prove they’re injured by the action they’re going to court over, whereas private parties face a higher burden in establishing standing," the report said in explaining how conservative groups can't simply fund their own operations through partisan law groups.

Then there's the talent pipeline. The report said the Texas solicitor general's office was known for propping up major conservative lawyers who could ultimately be appointed to lead key Justice Department offices under Trump, take over GOP-led investigations and even be appointed to federal judgeships.

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