Sunday, October 13, 2024

Judge Strikes Down Texas Law Used to Investigate Companies and Nonprofits


Texas Attorney General Ken Paxton (R) can’t use a State Statute that He relies on to Scrutinize various Companies and Nonprofits, including an El Paso Migrant Shelter Network and a Nonprofit focused on increasing Latinos’ Civic Participation, after a Federal Magistrate Judge on Friday, ruled the Tool Unconstitutional.

Judge Mark Lane of the Western District of Texas, verbally granted a Permanent Injunction stopping Paxton from using what’s called a “Request to Examine” to probe myriad Practices.

The Ruling stemmed from a Lawsuit filed by Spirit AeroSystems, Inc., a Boeing 737 Jets Manufacturer that received such a Request from Paxton earlier this year requiring the Company to produce a variety of Documents.

Spirit challenged the Constitutionality of Texas’ Request to Examine Statute because it requires Recipients to “imediately permit” the Attorney General to Inspect its Records, without an Opportunity for Precompliance Judicial Review of the Request, in Violation of the Right to Freedom from Unreasonable Search or Seizure that’s granted by the Fourth and 14th Amendments of the Constitution. Lane agreed.

“This call for me is easy,” Lane said at a Hearing Friday.










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