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Judge rules Ken Paxton cannot move forward with ActBlue lawsuit
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A federal judge in Massachusetts ruled Thursday that Texas Attorney General Ken Paxton (R) cannot move forward with a donation-vetting lawsuit against progressive fundraising platform ActBlue. District Judge Richard G. Stearns blocked Paxton from “continuing to litigate” the case, finding that ActBlue was likely to succeed in its claims that the action infringed on its First Amendment’s free-speech protections. The court sided with ActBlue’s argument that the lawsuit amounted to “retaliation” for its role in fundraising for Democratic candidates, namely Paxton’s opponent in the Texas Senate race, state Rep. James Talarico (D). “The lawsuit in Texas is undoubtedly an adverse action,” Stearns, an appointee of former President Clinton, wrote in a 15-page order. “And having previously found bad faith, the court agrees with ActBlue that the evidence in the record compels the conclusion that, far from protecting Texas consumers, the action was filed in retaliation for ActBlue’s fundraising on behalf of Talarico, Paxton’s current political rival for the Senate seat.” ActBlue and Paxton’s office did not immediately respond to The Hill’s requests for comments on the preliminary injunction. Paxton opened an investigation into ActBlue in 2023, examining whether it had violated state law by enabling donor fraud. In April, he asked a Tarrant County, Texas, judge to prohibit the platform from allowing contributions through gift cards and prepaid debit cards, alleging it had misled Congress and the public about its practices. ActBlue argued in its separate lawsuit that the attorney general’s initial complaint was “rife with false and inflammatory allegations,” accusing him of sending investigators to build a case against the platform a mere 24 hours after Talarico announced a $2 million fundraising haul. “This ruling affirms that political fundraising is core to free speech and protected by the First Amendment,” Lawrence Oliver, the chief legal officer at ActBlue, said in a statement. “The Texas Attorney General attempted to silence everyday Americans who want to donate to candidates and causes they believe in. The court clearly chose the Constitution over partisan politics.” In granting the preliminary injunction, Stearns rejected Paxton’s attempt to have ActBlue’s challenge dismissed. He also barred Paxton or his office from bringing any new claims “premised on the same conduct.” Updated at 7:20 p.m. EDT Copyright 2026 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. For the latest news, weather, sports, and streaming video, head to The Hill.
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