Ken Paxton criticizes John Cornyn in MLK Day diversity statement.

Texas Attorney General Ken Paxton recently made headlines by releasing an extensive 74-page legal opinion on Martin Luther King Jr. Day. In this opinion, Paxton criticized guidance issued by his opponent, John Cornyn, in the U.S. Senate Republican primary race. He went on to claim that various initiatives in Texas designed to address historical discrimination against marginalized groups are unconstitutional.

Legal experts were quick to challenge Paxton’s assertion that his opinion is binding, noting that as Attorney General, he does not hold the power to unilaterally overturn state laws by deeming them unconstitutional. Cornyn, a former Attorney General and the state’s senior U.S. senator, took issue with Paxton’s opinion and accused him of politicizing the Office of the Attorney General for personal gain in their primary battle.

Cornyn even questioned the legality of Paxton’s opinion, suggesting it could be considered an illegal campaign contribution. With just six weeks until the primary election, the contentious relationship between the two Republicans has intensified, as Paxton seeks to unseat Cornyn by aligning himself closely with former President Donald Trump.

Paxton’s opinion, replete with references to Cornyn, specifically cites a 1999 opinion issued by Cornyn during his tenure as Attorney General. In that opinion, Cornyn refrained from commenting on the use of race in financial aid decisions by public universities, opting instead to withdraw an earlier opinion on the matter due to ongoing litigation. The U.S. Supreme Court’s ruling in 2023 effectively ended race-based affirmative action in college admissions, further complicating the issue.

The Attorney General’s opinion takes aim at what it calls “diversity, equity, and inclusion frameworks,” present in numerous state laws purportedly aimed at promoting such values. Paxton argues that these frameworks, in schools and government institutions, should be dismantled, a move that he claims is outlined in over 100 state laws promoting these principles.

Furthermore, Paxton warns private companies in Texas engaging in what he calls “woke DEI practices” that they could be exposing themselves to legal liability under both state and federal laws. Practices like offering sex or race-based employee resource groups and considering sex and race in hiring decisions could potentially land these companies in legal hot water, according to Paxton’s opinion.

In conclusion, the clash between Ken Paxton and John Cornyn continues to escalate as the primary election approaches. Paxton’s controversial legal opinion, released on a symbolic day like Martin Luther King Jr. Day, serves to underline the wider political divisions between the two Republicans seeking to represent Texas in the U.S. Senate.