Democrats have gained a significant tool in their political arsenal with the election of Nathan Johnson as Texas’s attorney general. Johnson’s victory marks the first time in nearly three decades that the state’s top legal officer will be a Democrat, potentially curtailing the frequent lawsuits filed by Texas against federal policies under Republican leadership. Johnson defeated Mayes Middleton in a race that saw the Republican Party lose control of one of its most powerful litigation engines.
For years, particularly during Democratic presidencies, Texas has been a focal point for Republican-driven legal challenges. Outgoing Attorney General Ken Paxton famously sued the Biden administration 106 times. This strategy allowed Republicans, unable to enact policy through federal legislation, to shape national law through the courts. The Texas attorney general's office, with its substantial staff of approximately 750 attorneys, has been instrumental in these efforts, impacting areas from immigration and environmental regulation to labor laws.
Texas's federal courts have also played a critical role in this strategy. Litigants often had the ability to select judges favorable to their arguments, leading to decisions that frequently favored Republican policy goals. Cases filed in Texas often proceeded to the US Court of Appeals for the Fifth Circuit, which is considered heavily aligned with conservative ideology. While the Supreme Court often reverses Fifth Circuit decisions, the high court accepts only a small fraction of appeals, allowing many unfavorable rulings to stand for extended periods.
This dynamic has allowed Texas to serve as a potent plaintiff in federal litigation. States are granted “special solicitude” in establishing legal standing, meaning they can often bring cases that private citizens or groups cannot. This advantage, coupled with the state’s resources, made the Texas AG’s office a formidable force in challenging federal actions. The election of a Democratic attorney general is expected to significantly reduce the number of such partisan lawsuits originating from Texas.
While Louisiana and Mississippi also have Republican attorneys general who can bring cases to the Fifth Circuit, their offices are considerably smaller than Texas’s, limiting their capacity for similar levels of litigation. The Texas AG’s office has also served as a career launchpad for many prominent Republicans, including former governors and senators, as well as potential Supreme Court nominees. Johnson’s victory is anticipated to diminish this role, thereby reducing one of the Republican Party’s key legal and political advantages.