A federal judge has blocked Texas Attorney General Ken Paxton from pursuing a lawsuit against Democratic fundraising platform ActBlue over its “unlawful” donation practices.
U.S. District Judge Richard Stearns in Boston issued a preliminary injunction at ActBlue’s request. The organization argued that Paxton’s lawsuit infringed on its free speech rights and that he was targeting the platform while campaigning against his Democratic challenger James Talarico in the Texas Senate race.
In April, Paxton sued the prominent Democratic donation platform, alleging it had misled consumers “about its unlawful donation processes that allow fraudulent and foreign donations to undermine the integrity of our nation’s elections.”
Paxton also said that the Office of the Attorney General found that ActBlue was processing donations made with gift cards and prepaid debit cards, which he alleged enabled fraudulent donations because of insufficient identification requirements.
After the suit was filed, ActBlue sought a preliminary injunction, alleging that Paxton used the power of his office to violate the organization’s First and Fourteenth Amendment rights.
Stearns’ order indicated that he agreed with ActBlue’s assessment, writing that the evidence showed “Paxton’s public statements in the wake of filing the case against ActBlue reveal his true motivation. While a prosecutor is entitled to a large degree of prosecutorial discretion and has a right to make a considered public accounting of his actions, Paxton did not hesitate in drawing a connection between the lawsuit and his candidacy for Senate.”
The order also addressed the timing of the lawsuit, noting that Paxton’s investigation into ActBlue had been dormant for more than a year and a half before his office filed the lawsuit one day after Talarico announced his fundraising results.
“The lawsuit in Texas is undoubtedly an adverse action. And having previously found bad faith, the court agrees with ActBlue that the evidence in the record compels the conclusion that, far from protecting Texas consumers, the action was filed in retaliation for ActBlue’s fundraising on behalf of Talarico, Paxton’s current political rival for the Senate seat,” Stearns wrote.
Paxton responded on X, saying his office would appeal the ruling.
“I will be appealing this flawed ruling by a Clinton-appointed Massachusetts judge,” Paxton wrote. “Texas has every right to enforce its own laws to protect our citizens, and we will continue to fight to hold ActBlue accountable.”
