Why Everyone Will Bring Ken Paxton’s Abortion Record Up in His Senate Race

This story was originally reported by Shefali Luthra of The 19th. Meet Shefali and read more of their reporting on gender, politics and policy.

Texas Attorney General Ken Paxton is so staunchly anti-abortion that his office observes June 24, the anniversary of the overturn of Roe v. Wade, as a holiday. 

The Republican’s actions to block abortion stand out. Four years ag0, Paxton sued the Biden administration to make Texas the only state blocking a federal law that protected abortions for people in medical emergencies.

Then, in 2023, Paxton asked a court to dismiss a case from women seeking clarity about when Texas’ strict ban granted an exception in dangerous — in some cases life-threatening — situations.

Months later, when a state court granted an abortion ban exception to Dallas resident Kate Cox — whose pregnancy had virtually no chance of survival — Paxton threatened legal action against a hospital if it permitted physicians to terminate her pregnancy. 

Despite a court and doctors agreeing that Cox could have an abortion, she had to travel out of state to end her pregnancy.

Now, Paxton, a former state legislator whose tenure as attorney general has been mired in scandal — including an impeachment trial for alleged misuse of public funds (he was ultimately acquitted) and divorce proceedings after his wife alleged adultery — is running for a seat in the U.S. Senate. Democrats are pinning their hopes on James Talarico, a state senator who has broken fundraising records and who polling shows is within striking distance of delivering Democrats a statewide win in Texas for the first time in decades.

Paxton’s record indicates that, if elected, he could be one of the nation’s most anti-abortion senators — and groups that both oppose and support reproductive rights intend to call attention to that. Political organizations across the spectrum are planning to emphasize the contrast between Paxton and Talarico and the implications of electing either to the U.S. Senate.

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The Brief: Trump’s Campaign to Prosecute the Left Gets Weirder

Blanche’s Top Prosecutor of Political Violence Marched at Jan. 6

TPM’s Josh Kovensky revealed yesterday that a top federal prosecutor heading up the Trump DOJ’s task force on political violence marched on January 6. At least one image TPM reviewed showed him in an area outside the Capitol that was restricted, but that Trump supporters nonetheless stormed into, a former lead prosecutor in the DOJ’s since-disbanded Capitol Siege Section told Josh. The DOJ told us that the prosecutor in question, Brian W. Lynch, “was present but never entered the capitol, left the grounds after a brief period, and did not commit and was never accused of any violation of law.”

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Blanche Does Cagey Dance on DOJ Independence: Dept of Justice Is ‘Under the Executive Branch’

There was no question heading into Wednesday’s confirmation hearing for acting Attorney General Todd Blanche that Blanche would receive little to no pushback from Republicans about the inappropriate nature of the work he has done to help transform the Department of Justice into President Trump’s personal law firm.

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Exclusive: Trump DOJ’s Top ‘Antifa’ Prosecutor Marched With Crowd on Jan. 6

On Jan. 6, 2021, a man approached the Capitol who looked like many others in the crowd that day: white, with a Trump 2020 hat on and a shirt marking his service to the country in Afghanistan. 

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Trump Demands an AI Data Center in Every Pot

As many have noted, opposition to AI data centers is one of the very few issues that cuts across political and ideological lines in the U.S. Everyone hates them. Many hate them on first principles — opposition to AI “hyperscaler” centers, environmentalists, electrical grid lovers. Others hate them because they don’t want them in their neighborhoods or rural counties. But the scope of the opposition is notable because so few things these days generate grassroots opposition on both sides of the political aisle.

Earlier this afternoon, President Trump posted a long screed attacking New York Gov. Kathy Hochul (D) who just announced a statewide moratorium on the construction of new data centers in New York state. But the post is really a broad and totalizing endorsement of data centers everywhere, with the claim that they generate tons of tax revenue and jobs. The former is highly debatable; the latter is clearly false. “They are big, strong, bold and Money Machines for the state in which they are built … Both the Taxes and the Jobs amount to LIQUID GOLD!,” wrote the president and creative capitalizer/punctuator in a Truth Social post today.

250 in Sight

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Now at $244,060.

Full National Emergency?

CNN is reporting new information about a sprawling and intensive leak investigation at the White House, with officials being asked to turn in phones, all to figure out who embarrassed the president by reporting on the fiasco about Qatar Force One. The probe is being led by Kash Patel (who holds some role at FBI) and White House Chief of Staff Susie Wiles.

Trump Administration May Add Immigration Status Question on Census to Influence Apportionment, Experts Warn

President Donald Trump may have learned from his last go at manipulating the decennial census to include a citizenship question: His administration looks poised to try something different in order to target undocumented immigrants during the 2030 count, experts said in a briefing call this week.

Civil rights organizations and census experts pointed to clues that they believe show the Census Bureau will use a trifecta of new or modified survey questions on the 2030 census in an attempt to exclude certain immigrants in order to influence who is counted when the bureau calculates how many congressional seats and electoral votes each state gets. 

The administration may again try to add a citizenship question to the census. But experts who spoke on a call organized by a coalition of population statistics and data advocacy organizations believe Trump and his allies are taking a more refined approach than during Trump’s first administration. As a result, Thomas Saenz, president and general counsel at the Mexican American Legal Defense Educational Fund, said he believes the 2030 census will also try to include a question about immigration status, and an amended residency question that would discourage certain immigrant respondents from listing a U.S.-based address.

“I do think they’ve become more sophisticated,” Saenz said in response to a question from TPM during the Tuesday call. The administration “understand[s] they’re not going to accomplish what they want to accomplish without a status question.”

The Census Bureau and the Commerce Department did not respond to TPM requests for comment.

Last August, Trump, via Truth Social,  ordered his administration to create a “new” census that would exclude undocumented immigrants. His demand included little additional detail.

On June 25, the Commerce Department and Census Bureau posted a proposed rule title to a government regulatory website: Decennial Census of the Population of Americans; Proposed Residence Criteria and Proposed Regulations for Demographic Questions. Only the title is public for now. At the same time, two ongoing lawsuits filed against the government by states Trump won are challenging the historic practice of including undocumented immigrants and temporary foreign residents in census enumeration used for congressional apportionment and for drawing state political maps.

By June 26, the government asked for a stay in one of the cases, State of Missouri v. The U.S. Department of Commerce, citing the pending release of the government’s new rule and policy proposals.

Census watchers expect the 2030 census to try and use a residency question to designate certain immigrants — those who are undocumented, who have temporary protected status or TPS, and recipients of Deferred Action for Childhood Arrivals or DACA — as having foreign primary residences. Rules from the 2020 census state that “citizens of foreign countries” living in America should be counted “at the U.S. residence where they live and sleep most of the time.”

“What we expect to see in the residence criteria put forward is some attempt to reallocate undocumented and temporarily present immigrants as not counting as residents of the United States because their residence, they will assert, is in their country of origin,” said Saenz, whose organization filed a motion to intervene in Missouri.

The census residency question has not been without its share of controversy, Allison Plyer, past chair of the U.S. Census Bureau’s Scientific Advisory Committee, said on Tuesday. People should identify the residence at which they live most often during the year. But, “Increasingly, we see more complexity in the U.S. and how and where people live,” said Plyer, who is currently chief demographer at the Data Center based in Louisiana. She cited respondents who split time between two states as an example.

Another lawsuit filed by Louisiana, Kansas, Ohio and West Virginia hinges in part on this policy and alleges that the “residency rule” violated the Fourteenth Amendment. That case, as well as Missouri, holds that plaintiff states and individuals were deprived of fair representation because enumerating undocumented immigrants and temporary residents inflated congressional representation for some states and siphoned off representation for the plaintiffs. 

Missouri also claims that undocumented immigrants, temporary visa holders, and “foreign adversaries” don’t count as “persons” as defined by the constitutional requirement for a population count every 10 years.

Immigrants and noncitizens regardless of status have been counted in the census since the first survey was taken in 1790. Merely adding a citizenship question wouldn’t alone identify undocumented immigrants, those with TPS or DACA recipients. 

“The issue actually goes beyond the citizenship question because in order to distinguish the undocumented, those with TPS with, deferred action, etc., from lawful permanent residence or green card holders,” said Saenz, “they would actually have to add a status question, which is obviously unprecedented.”

Without knowing an individual’s immigration status, it’d be impossible to differentiate between a targeted population and a Green Card holder, for example. 

Identifying immigrants isn’t Trump and his allies’ only goal, Saenz said. The administration of a census requiring the disclosure of such sensitive data and coming as preparations are already underway would likely sow confusion and discourage participation among some groups.

“We know that the overarching effect,” said Saenz, “and probably one intended by this administration, would be to deter and reduce participation and increase, therefore, the undercount.”

In 2018, census officials found that the inclusion of just a citizenship question increased the nonparticipation rate more in households with at least one undocumented person compared to households with none.

Cornyn Says He’s Undecided on Blanche After Acting AG’s Response to Questions About Slush Fund

Sen. John Cornyn (R-TX) indicated to CNN Wednesday that he was undecided on voting to confirm acting Attorney General Todd Blanche to that position permanently due to Blanche’s response to his questions about President Donald Trump’s corrupt slush fund.

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DNI Nominee Clayton’s Answers on Election Integrity Are Too Cute by Half

In exchanges with multiple Democratic senators during a Wednesday Senate Intelligence Committee confirmation hearing, Director of National Intelligence nominee Jay Clayton repeatedly refused to state aloud that Joe Biden won the 2020 election.

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