On Martin Luther King Jr. Day — which, in Texas, also happens to be Confederate Heroes Day because of course it is — Attorney General Ken Paxton dropped a 74-page “legal opinion” declaring large chunks of Texas diversity, equity, and inclusion efforts unconstitutional. Conveniently, the document also takes direct aim at John Cornyn, Paxton’s opponent in the upcoming Republican Senate primary, reviving a decades-old Cornyn-era guidance just in time for campaign season.
Legal experts were quick to point out a minor detail: attorney general opinions aren’t binding law, and Paxton doesn’t get to unilaterally cancel statutes because he feels like it on a holiday. Cornyn responded by accusing Paxton of abusing the attorney general’s office as a political weapon, even floating whether the whole thing amounted to an illegal campaign contribution — which is not usually what you want your opponent suggesting six weeks before a primary.
After swiping at Cornyn, Paxton used the rest of the opinion to declare war on DEI programs in schools, state agencies, and even private companies. He argued that diversity initiatives, hiring goals, scholarships, internships, and employee resource groups could expose employers to legal liability — all while invoking Martin Luther King Jr. to justify dismantling policies originally meant to address discrimination that, inconveniently, still exists.
Experts noted that agencies or companies that actually follow Paxton’s advice could end up in court fast. Even so, the opinion may still have a chilling effect, which is kind of the point. The attorney general’s office itself admits its opinions don’t create law and usually respond to specific requests — none of which appears to exist here. The timing, legal scholars say, looks an awful lot like a campaign tactic dressed up as constitutional scholarship.
Nothing says “content of their character” quite like using MLK Day to publish a nonbinding opinion, attack your primary opponent, and dare the courts to clean it up later — right, Texas?