Texas AG Paxton to Biden: I'll see you in court... often

The Biden administration is off to a shaky start with the Republican-led State of Texas. Yesterday as President Biden stopped to lay a wreath at the Tomb of the Unknown Soldier, Texas Attorney General Ken Paxton wished the country well and included a warning. In a tweet, Paxton promised to see the Biden administration in court… frequently.

Paxton is upholding a Texas tradition. The current governor of Texas, Greg Abbott, was Texas Attorney General during the Obama administration and famously said of his job, “I go into the office, I sue the federal government and I go home.” Ken Paxton’s office has continued with lawsuits against Obama-era policies. Currently, there is a lawsuit before the Supreme Court over Obamacare. Paxton is already labeling the Biden administration as a lawless one.

The third term of Barack Obama began with Biden’s staff putting executive orders in front of him and telling him where to sign. One of those executive orders was to cancel permits for the Keystone XL pipeline. This action amounts to kicking a struggling energy industry while it is down. This isn’t a surprise, given Obama’s determination to destroy the oil and gas industry, along with the coal industry, so I imagine that Paxton’s office is ready to roll on opposition to the latest fever dreams of progressives hoping to continue what Obama began. Senator John Cornyn, the senior senator from Texas, notes that even soy boy Prime Minister Justin Trudeau and Canadians are not in support of Biden’s move.

Paxton currently has a separate federal lawsuit to overturn DACA. U.S. District Judge Andrew Hanen ruled that Obama exceeded his authority in creating DACA. Paxton asks that the judge now follow through and issue an injunction barring the federal government from approving or renewing any more permits under DACA. Judge Hanen held a hearing in late December and has not yet issued his ruling.

Texas Public Policy Foundation (TPPF), a conservative think tank in Austin, is gearing up to provide counsel for Paxton’s office. TPPF filed the Obamacare challenge that Paxton joined and has a list of potential upcoming challenges now that Biden has been sworn-in. Adding to energy issues, Obamacare challenges, and DACA, TPPF lists asylum and border security issues, taxes, and civil rights.

“On the eve of the election we were discussing internally, ‘Well, what would happen if Biden won?’ One thing everyone pretty much agreed on is our litigation center would probably increase in size significantly,” said Chuck DeVore, vice president of national initiatives at TPPF. “We’re kind of excited about it.”

Robert Henneke, general counsel at the TPPF, wouldn’t say whether the group’s legal staff has grown as expected, but did say they are bracing for battles ahead as he expects the Biden administration to “pick up where the Obama administration left off.”

“Litigation challenging unconstitutional action from the Biden administration will be a central issue,” Henneke said. “Where the new administration seeks to go out of bounds of what powers have been delegated to it, or enacts policies and rules that aren’t supported by data and science, I expect that we’ll be chief among those challenging those type of policies.”

Rep. Dan Crenshaw weighed in on Biden’s agenda. Good-bye, America First. The Communist Chinese government must be popping champagne corks over Beijing Biden’s lurch to the left.

U.S. Rep. Kevin Brady, former chair of the House Ways and Means Committee who is credited with writing the Trump tax cut bills, is now the ranking Republican on that committee. He calls canceling the construction permit for the Keystone XL pipeline and rejoining the Paris Climate Agreement an “opening shot on Texas energy workers.” Senator Cornyn issued a press release on the Biden administration’s energy plans, including the Keystone XL Pipeline.

“The biggest losers from this decision are the energy workers who stood to benefit from the pipeline,” said Sen. Cornyn. “There’s no doubt our energy industry has already suffered during the pandemic, and President Biden’s answer is to kick the industry further down the well. I hope this isn’t a preview of what’s to come from the Biden Administration, but rather that he’ll work with energy-producing states like Texas to find common ground on an all-of-the-above policy.”

As Senator Cornyn pointed out yesterday, Biden talks a big game about unity yet his decisions and actions are very divisive, even in his first hours in the office. Biden, the ultimate Swamp creature, is getting the band back together and ready to fulfill Barack Obama’s third term in office. There are no new ideas, only escalating some very bad old ideas.