Texas is suing to keep civil rights monitors out of its election centers.
Texas Attorney General Ken Paxton has gone to federal court in an effort to block Justice Department monitors out of eight Texas counties.
A Justice Department press release had announced that the monitors would observe compliance with “federal criminal statutes that prohibit voter intimidation and voter suppression based on race, color, national origin or religion” and other civil rights laws.
The press release identified 86 jurisdictions in 27 states, including eight in Texas: Atascosa County, Bexar County, Dallas County, Frio County, Harris County, Hays County, Palo Pinto County and Waller County.
Paxton, a Trump supporter, filed his complaint in federal court in Amarillo, Texas on Monday.
Democrats have long complained that Texas’s Republican attorney general is repeatedly filing complaints to Amarillo’s sole federal judge, Matthew Kacsmaryk, a right-wing judge who was appointed by Trump.
In May, Democratic Senator Chuck Schumer described Kacsmaryk as Trump supporters’ “favorite judge in the entire country.”
In his complaint, Paxton states that no reasons were given for the choice of the eight Texas jurisdictions.
“The press release did not cite any specific authority for the actions identified in the press release,” the document stated.
“The press release simply noted that DOJ has general authority to enforce certain federal laws, including the Voting Rights Act, the National Voter Registration Act, the Help America Vote Act, the Uniformed and Overseas Citizens Absentee Voting Act, the Civil Rights Act, and the Americans with Disabilities Act as well as ‘federal criminal statutes that prohibit voter intimidation and voter suppression based on race, color, national origin or religion.'”
“The presence of staff from the Department of Justice or the Office of Personnel Management at Texas polling places on Election Day violates Texas law. No federal law preempts Texas law,” the complaint adds.
Newsweek sought email comment from the Justice Department and Paxton’s office on Tuesday.
Paxton, suing on behalf of Texas, wants the court to “temporarily restrain federal authorities from monitoring voting in Texas in the 2024 election,” “temporarily restrain staff from the Department of Justice and the Office of Personnel Management from being present at voting locations and central count stations in the 2024 election” and “permanently enjoin staff from the Department of Justice and the Office of Personnel Management from being present at voting locations and central count stations in Texas.”
He also wants “an award of attorneys’ fees and other litigation costs reasonably incurred in this action.”
Republicans have long been accused of “venue shopping” before Kascmaryk to obtain the best result.
Venue shopping is the phenomenon whereby lawyers file a complaint before the judge they think will most favor their case.
In 2023, Kacsmaryk suspended the Food and Drug Administration approval of the abortion drug mifepristone.
That was later overruled on appeal.
In May 2024, he blocked the Biden administration rule that required background checks for firearms purchased at gun shows. In response, Chuck Schumer denounced Republicans for taking their cases to Kacsmaryk.
“Surprise, surprise: MAGA radicals have put background check reforms on ice by going to their favorite judge in the entire country, in the Northern District of Texas, and getting him to rubber stamp a nationwide injunction,” he said in a statement.
“Today’s ridiculous injunction is yet again another consequence of judge shopping, that deeply unfair practice where radicals virtually guarantee favorable outcomes by going in court to a sympathetic judge of their choice.”
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