Newsletter: A Victory for Transparency in Texas

A Texas appeals court ruled this week that American Oversight’s lawsuit seeking the release of public records held by Texas Gov. Greg Abbott and Attorney General Ken Paxton may proceed.

Abbott and Paxton had appealed a ruling from February 2023 denying their attempt to dismiss our lawsuit, which seeks, among other things, emails sent by Paxton around the Jan. 6, 2021, attack on the U.S. Capitol.

• Other records we’ve asked for include both officials’ communications with gun industry lobbyists in the aftermath of the May 2022 mass shooting at Robb Elementary School in Uvalde, Texas. On Thursday, the Justice Department issued a report that sharply criticized law enforcement’s delayed and disorganized response to the shooting.
• Following the Uvalde massacre, Abbott canceled an appearance at the NRA convention in Houston, and Paxton dismissed proposals to enact stricter gun control measures. But both Abbott’s and Paxton’s offices have implausibly claimed that they have no records responsive to American Oversight’s request.
• For years, Abbott and Paxton have aggressively avoided releasing public records by claiming the documents aren’t public or by claiming overly broad exemptions. We sued their offices in June 2022 for these records.

On Wednesday, the Texas Third Court of Appeals affirmed the lower court’s ruling, stating that the trial court has jurisdiction over the case.

• “This ruling is a tremendous victory for transparency in Texas,” American Oversight Executive Director Heather Sawyer said. “American Oversight is seeking records related to matters of significant public interest and the appeals court was correct to reject this effort to evade accountability. We hope that Gov. Abbott and Attorney General Paxton will stop their delay and finally release these records to the public.”

Election Deniers Overseeing Elections
Last week, a member of the Maryland State Board of Elections resigned after he was arrested by the FBI for participating in the Jan. 6, 2021, attack on the U.S. Capitol. The Baltimore Banner examined how Carlos Ayala came to serve on the board, a governor-appointed position that involves a lengthy vetting and confirmation process. 

• Ayala would have been responsible for overseeing the canvass and certification of Maryland’s election results, reported the Banner’s Brenda Wintrode and Pamela Wood.
• Our deputy executive director, Chioma Chukwu, spoke to the Banner about the dangers of election deniers being given authority that could be used to erode the public’s trust in the democratic process. ”Delays and errors can be used and weaponized by election deniers to question the legitimacy of election results,” Chukwu said.
• That’s why we filed a lawsuit last week in Cochise County, Ariz., for records regarding the county’s recent election administration decisions — with 2024 looming, the public should know how officials aligned with the election denial movement have used their positions to undermine democratic processes.

On the Records

Attacks on Gender-Affirming Care
American Oversight has been investigating the national rise in legislation targeting gender-affirming care, having filed dozens of public records requests across several states seeking more information about the proposed or implemented bans.

• This week, we published a new backgrounder detailing our efforts to promote transparency in several states that have passed or considered legislation restricting gender-affirming care.
• These attacks on gender-affirming care are part of a coordinated national effort to roll back key LGBTQ+ protections. 

We previously uncovered records that provide behind-the-scenes details about how these measures have impacted the work of state officials in Missouri and Texas. 

• In Missouri, attacks on LGBTQ+ rights have had a chilling effect that led to the removal of vital health information from a state health department website.
• Documents from Texas revealed how officials in the state child welfare agency were caught off-guard by Gov. Abbott’s February 2022 directive to label the provision of gender-affirming care as child abuse.

Other Stories We’re Following

Election Denial and Threats to Democracy

• ‘Scared to death’: Local election officials on edge ahead of 2024 vote (Politico)
• Authorities investigate threats to Democratic lawmakers (New York Times)

Voting Rights

• The federal agency dedicated to elections is, once again, in turmoil ahead of the 2024 elections (Votebeat)
• The failed promise of independent election mapmaking (ProPublica)
• Mohave county supervisor wants judge to declare hand counting votes legal (Arizona Capitol Times)
• Florida election crimes office dealt with 1,300 complaints, continues to stir controversy (Tallahassee Democrat)
• Map with 2nd Black Louisiana Supreme Court district clears House committee (Louisiana Illuminator)

In the States

• ‘Stinks quite a bit’: Mike Parson accused of illegally using office to meddle in primaries (Missouri Independent)
• Bill would allow Georgia election investigations of Raffensperger (Atlanta Journal-Constitution)
• Cost of Atlanta’s training center jumps to $109M (Atlanta Journal-Constitution)
• Charges of corruption, lying against Va. election official dropped (Washington Post)
• 2020 election error in Prince William County benefited Trump, officials reveal (Virginia Mercury)
• School voucher supporter gave Gov. Greg Abbott $6 million in December (Texas Tribune)
• Ken Paxton paid $2.4 million to defense lawyers for impeachment trial (Texas Tribune)

National News

• Supreme Court divided over whether to curb the power of federal agencies (Washington Post)
• CNN cancels its Republican debate in New Hampshire for lack of participation (New York Times)

LGBTQ+ Rights

• Transgender teens appeal to 10th Circuit for access to gender-affirming care in Oklahoma (Courthouse News Service)
• Supreme Court declines to weigh in on battle over bathrooms for transgender students (USA Today)
• Missouri lawmakers to hear bill indefinitely extending ban on gender-affirming care for minors (Springfield News-Leader)
• Trans youth ‘terrified’ of what Louisiana’s new health care ban will mean (PBS News)
• Federal court ruling leaves families of Alabama transgender youth angry, uncertain (Alabama Reflector)
• Ohio House lawmakers come back to ban transgender care and then leave (Ohio Capital Journal)
• Utah Republicans race to upend DEI, and restrict trans rights (Axios)

Abortion and Reproductive Rights

• Texas Medical Board asked to issue guidance on state abortion laws (News from the States)
• Online message boards give closer look inside Amarillo’s heated abortion debate (Texas Tribune)
• Campaign to overturn Missouri abortion ban launched as amendment backers seek signatures (Kansas City Star)

Threats to Education

• Even dictionaries aren’t safe from censorship in this Florida school district (19th News)
• South Carolina taxpayers set to pay for Moms for Liberty–run charter school (Advocate)
• Florida public colleges barred from using state and federal funds for DEI programs (NBC News)

Government Transparency and Public Records Law

• Names of police who use deadly force could be shielded under proposed law (Tampa Bay Times)

Immigration

• The Biden administration escalates its border dispute with Texas after 3 migrants drown (Associated Press)
• Texas’ floating barrier between US and Mexico can stay for now, court rules in reversal (Associated Press)

Trump Accountability

• Oregon Supreme Court allows Trump to appear on primary ballot (Washington Post)
• Maine judge delays decision on removing Trump from ballot until Supreme Court rules in Colorado case (Associated Press)
• Trump signals plans to go after intelligence community in document case (New York Times)
• Trump money probe in Congress dogged by denials and claims of ‘fraud’ (Messenger)

Jan. 6 Investigations (DOJ/Fulton-Georgia)

• Kemp raises concerns about ‘deeply troubling’ claims against Willis (Atlanta Journal-Constitution)