Texas Attorney General Ken Paxton wants the state's highest civil court to throw out state bar sanctions made against him in the wake of his failed attempt to overturn the 2020 election.
The state bar for asking the U.S. Supreme Court to block President Joe Biden's 2020 election win based on what it said were false claims of fraud. The Fifth Court of Appeals to uphold the punishment.
In a press release Tuesday, Paxton's office said the ruling was "politically motivated lawfare" and called the state bar's sanction a retaliatory response to his good-faith concerns about the presidential election after Donald Trump lost to Joe Biden.
"The State Bar鈥檚 attempt to sanction the Attorney General is an unconstitutional violation of the Texas Constitution鈥檚 Separation of Powers Clause and violates his sovereign immunity," Paxton's office wrote. "Nevertheless, over an erudite dissent, a sharply divided court of appeals permitted the Bar鈥檚 lawsuit to go forward."
The petition asks the Texas Supreme Court to reverse the appellate court鈥檚 decision and instruct the Collin County trial court to dismiss the state bar鈥檚 complaint.
In a December 2020 lawsuit, Paxton argued changes to election statutes in Pennsylvania, Georgia, Michigan and Wisconsin during the COVID-19 pandemic were unconstitutional. The suit also alleged voters in majority Democratic jurisdictions were treated more favorably.
The U.S. Supreme Court .
The state bar鈥檚 Commission for Lawyer Discipline alleged Paxton misrepresented facts of the election with claims that weren鈥檛 supported by any evidence. The commission accused Paxton of professional misconduct by violating the bar鈥檚 rules.
In his appeal to the Fifth Court of Appeals, Paxton argued he鈥檚 protected by sovereign immunity as the attorney general. The court wrote in its opinion the suit is against Paxton鈥檚 actions as an individual, not as an elected official, and dismissed his appeal.
鈥淩egulating the practice of law in Texas and maintaining minimum standards of conduct for its attorneys does not control state action or implicate the sovereign鈥檚 liability for filing any particular suit, including Texas v. Pennsylvania,鈥� the opinion reads.
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