Judge Rules Texas Attorney General Ken Paxton Must Testify in Abortion Lawsuit

A federal judge on Tuesday ruled that Texas Attorney General Ken Paxton must testify in a lawsuit bought by a string of nonprofit organizations seeking to block potential criminal charges against abortion providers offering Texan women access to abortions out of state.

U.S. District Judge Robert Pitman had previously quashed the subpoena before marking a U-turn on the decision on Thursday, court documents (pdf) show.

Paxton, a Republican, allegedly fled his home on Sept. 26 while a process server, Ernesto Martin Herrera, attempted to serve him with a subpoena regarding the lawsuit. Paxton said he fled to avoid a “stranger” who was lingering outside his home amid concerns over the safety of his family.

The nonprofits who filed the lawsuit have requested that Paxton clarify previous statements he made about the enforcement of Texas’s trigger law as it related to out-of-state abortions.

They argue that his statements “chill their First Amendment rights to speak about and fund abortion care” and “restrict their ability to facilitate out-of-state abortions, which is protected by the right to interstate travel.”

The plaintiffs in that lawsuit (pdf) are: Fund Texas Choice, The North Texas Equal Access Fund, The Lilith Fund for Reproductive Equity, Frontera Fund, The Afiya Center, West Fund, Jane’s Due Process, Clinic Access Support Network, and Dr. Ghazaleh Moayedi.

According to an affidavit (pdf) filed in federal court last week, Herrera arrived at Paxton’s home to serve him with the subpoena to appear in a federal court hearing but the attorney general “fled” in a vehicle driven by his wife, state Sen. Angela Paxton.

Paxton disputed Herrera’s version of events, stating on social media that he had left his home to avoid a stranger who was outside his house, and that “conservatives have faced threats to their safety” that have not been covered in the media.

Abortion activists (R) argue with pro-life activists (not in image) in front

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