Legal Challenges Mount as Ken Paxton’s Case Against O’Rourke Weakens

Texas Attorney General Ken Paxton is facing significant setbacks in his legal battle against former congressman Beto O’Rourke. Paxton originally filed a lawsuit in early August 2025, accusing O’Rourke of bribery, fraud, and campaign finance violations linked to Texas Democrats who left the state in protest of new Republican congressional maps. After a tumultuous six weeks involving multiple court rulings, the case is now on the verge of collapse.

The 15th Court of Appeals, composed entirely of Republican justices, recently ruled against Paxton’s temporary restraining order. This order had initially barred O’Rourke and his political action committee, Powered by People, from fundraising and distributing donations. The court deemed the restraining order an unconstitutional violation of free speech protections, emphasizing that it is improper to prevent political activity based on mere suspicion.

In its unanimous decision, the court stated, “At this stage, where little evidence has been offered, [a preemptive block] would constitute an unconstitutional prior restraint of political activity that may or may not prove to be lawful.” The justices acknowledged that the case raises “unusual questions” but emphasized free speech rights over Paxton’s allegations.

Despite the ruling, Paxton condemned it as a constitutional crisis, criticizing what he referred to as “activist judges.” He also expressed frustration with the Texas Supreme Court, which declined to intervene in the matter. The attorney general’s office has not yet responded to inquiries regarding whether it plans to appeal the recent ruling.

O’Rourke and his organization have been active in supporting the Texas House Democratic Caucus, the Texas Legislative Black Caucus, and the Mexican American Legislative Caucus, donating more than $1 million to these groups. O’Rourke stated that the funds were beneficial to all members, regardless of their participation in the protests against the Republican-led redistricting effort.

The legal saga began on August 3, 2025, when a group of Texas House Democrats left the state to deny the legislature the quorum needed to pass a controversial congressional map. In response, Paxton’s lawsuit alleged that lawmakers were accepting “Beto Bribes” to fund their actions.

After a series of court battles, including a temporary restraining order issued by a Tarrant County judge that sought to freeze O’Rourke’s fundraising activities, O’Rourke’s legal team filed their own lawsuit in El Paso County. They argued that Paxton was conducting a “fishing expedition” that violated constitutional rights. The conflicting rulings from the Tarrant and El Paso courts created a chaotic legal landscape.

O’Rourke’s attorneys eventually escalated the matter to the 15th Court of Appeals, which was established in 2023 to handle state government-related cases. The court’s justices, all appointed by Governor Greg Abbott, were tasked with resolving the competing legal claims.

In a significant turn of events, on September 8, 2025, O’Rourke held a rally in Fort Worth, where he continued to fundraise while reportedly urging supporters to disregard legal constraints. Following this, Paxton sought to hold him in contempt of court, which O’Rourke’s attorneys contested, claiming that Paxton had misrepresented the context of O’Rourke’s statements.

The recent ruling from the 15th Court has raised doubts about Paxton’s assertions, particularly regarding the applicability of consumer protection laws to political fundraising. The justices noted that the state had not cited any precedent where such laws have been enforced in this context.

As the legal battles unfold, both O’Rourke and Paxton are preparing for the next steps. O’Rourke has indicated that even if Paxton’s efforts succeed in depleting their resources, they would continue their political activities across Texas and beyond. Paxton, on the other hand, remains resolute in his pursuit of accountability, stating he will “stop at nothing” to hold O’Rourke and his organization responsible under the law.

The outcome of this legal confrontation not only impacts the individuals involved but also holds significant implications for the political landscape in Texas as the state approaches critical elections.