El Paso judge blocks Ken Paxton from taking legal action against Beto O’Rourke’s political group

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An El Paso judge this week temporarily stopped Attorney General Ken Paxton from prosecuting former U.S. Rep. Beto O’Rourke’s political group, Powered by People, after Paxton moved to block the organization from financially supporting Texas Democrats who left the state.

Judge Annabell Perez of the 41st Judicial District Court issued a temporary restraining order Tuesday barring Paxton from prosecuting O’Rourke’s nonprofit or otherwise initiating or filing legal proceedings aimed at revoking Powered by People’s charter.

The group has been fundraising for Texas Democrats who decamped to Illinois and other states in protest of a proposed GOP congressional map that would net Republicans up to five more seats in the U.S. House.

Powered by People already donated $1 million to the Democrats, whose two-week absence denied the Texas House the minimum number of present members needed to conduct business. Many of those Democrats have since returned to the state, and Gov. Greg Abbott called a subsequent overtime legislative session after the first one ended last week.

Paxton previously secured a temporary injunction blocking O’Rourke from fundraising for the Democrats or spending money to cover their expenses. He then sought to jail O’Rourke, arguing that the El Paso Democrat had violated the court order, which O’Rourke’s attorneys have disputed.

O’Rourke responded by filing his own lawsuit alleging that Paxton was engaging in a “fishing expedition, constitutional rights be damned,” by targeting Powered by People.

The group was a top funder covering the costs of Democrats’ travel out of the state. The absconding members were on the hook for lodging, meals, travel and the $500-per-day fines accrued each day of the session they missed.

The lower chamber is scheduled to take up the proposed map, ordered by President Donald Trump, on Wednesday.

Democrats who have protested the maps say they are an attack on the voters of color who live in those districts. Meanwhile, Republicans say they are entitled to redraw the maps whenever they choose for partisan gain.

In her order, Perez said it was imperative to “prevent imminent, irreparable injury” but that it was not a ruling on the merits of the case. The order expires in two weeks.

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