Texas AG Ken Paxton Issues Opinion That Declares Over 100 DEI Laws Unconstitutional

On Monday, Texas Attorney General Ken Paxton declared over 100 diversity, equity and inclusion (DEI) programs to be unconstitutional.

The Details: Paxton said that the DEI guidance, issued in 1999 by Senator John Cornyn (R-TX), was unlawful, citing a 2023 Supreme Court decision that found race-based affirmative action policies in university admissions to be unconstitutional. Paxton said the court's opinion goes beyond a "narrow holding limited to university admissions." Some legal experts are arguing that the attorney general cannot unilaterally overturn Texas state laws by just declaring them unlawful.

Key Quotes: In a statement, Paxton said, "It's imperative that all private-sector employers, schools, and state and local government entities—based on this legal opinion—immediately abolish any DEI, affirmative action, or unconstitutional discrimination programs under their authority. We must return to the basic principles of equal opportunity for all." On X, Cornyn posted, "You'd think a competent Attorney General would know that what I issued more than 25 years ago was a retraction of incomplete guidance due to litigation, not an opinion. There's nothing for him to overturn because nothing was issued, so this is yet another waste of time and taxpayer dollars by the TX AG, showboating for attention. "

For Context: Paxton is running against Cornyn, who was Texas Attorney General from 1992 to 2002, in the March 3rd Republican Senate primary in Texas.

How the Media Covered It: The story was not widely covered by the media, though some news sources noted in their headlines that Paxton issued the opinion on Martin Luther King Day.

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