The US District Court for the District of Massachusetts granted a preliminary injunction against Texas Attorney General Ken Paxton, effectively blocking Paxton from pursuing a lawsuit against the Democratic Party’s fundraising platform, ActBlue. Federal Judge Richard Stearns chided Paxton for suing ActBlue in an effort to retaliate against the company for promoting and enabling contributions to his opponent, James Talarico, in the US Senate race under the false pretense of investigating the ActBlue’s violations of the Texas Deceptive Practices Act (the Act).

ActBlue is a fundraising platform for Democratic candidates running for public office. The company has generated approximately $19 billion in donations, primarily from small donors, since its founding in 2004. Paxton began investigating ActBlue as early as December 2023, and had conducted review of documents made available by ActBlue at its Massachusetts headquarters. Although ActBlue complied with many of Paxton’s demands, Paxton filed a lawsuit two months ago for alleged violations under the Act, and “touted” it on many conservative podcasts and his campaign e-mails. ActBlue responded by filing its own suit in Massachusetts federal court and filed a motion for the preliminary injunction herein.

In an attempt to dismiss ActBlue’s suit, Paxton had argued that the Massachusetts federal court lacked specific personal jurisdiction over him in his official capacity as Texas AG because: 1) he has not purposefully availed himself of Massachusetts as a forum, (2) ActBlue’s claims do not arise out of any Massachusetts-based conduct, and (3) the exercise of jurisdiction is not reasonable as a matter of due process. The court dismissed Paxton’s arguments stating that Paxton brought himself under the court’s jurisdiction by serving Request to Examine and Civil Investigation Demand on ActBlue in Massachusetts and further conducted review of documents made available by ActBlue at their Massachusetts headquarters in Somerville, to pursue his own Texas lawsuit against ActBlue. Thus, in the court’s words, “the exercise of jurisdiction is both reasonable and constitutional.”

The court also rejected Paxton’s argument that the court should abstain from allowing ActBlue’s suit, which seeks to block an “ongoing quasi-criminal proceeding in state court,” under Younger v. Harris. The court agreed with ActBlue that evidence of bad faith can be a proper exception to Younger, and that such evidence is overwhelming in the present case. Judge Stearns elaborated:

First, the timing of events alone speaks volumes about Paxton’s underlying motivation. The investigation against ActBlue sat dormant for more than a year and a half, until the day after Talarico announced his fundraising results…

Second, the theory of harm underlying the consumer fraud claims rings hollow. When given the opportunity during the June 4 hearing, Paxton’s Assistants were unable to articulate anything more concrete than the proposition that Texans, as a matter of principle, care deeply that businesses stay true to their word…This is not a compelling basis on which to premise a major lawsuit, particularly given Paxton’s well-known history of filing retaliatory lawsuits…

The court is also not persuaded, Paxton’s remonstrations to the contrary, that the speech at issue here…can reasonably be considered “commercial,” such that it falls within the scope of the [Act]…The facilitation of political donations reflects two types of protected speech: (1) ActBlue’s own choice of which candidates or causes it will include on its platform, and (2) donors’ individual choices to fund those candidates or causes with which the donor identifies…As the Supreme Court has reminded us more than once, ‘political speech [is] at the core of what the First Amendment is designed to protect.’

Third, Paxton’s public statements in the wake of filing the case against ActBlue reveal his true motivation…Paxton did not hesitate in drawing a connection between the lawsuit and his candidacy for Senate…

The truth is plain and captured in Paxton’s own declarations: The lawsuit was filed in retaliation for (and in an attempt to suppress) ActBlue’s efforts to fund Talarico’s campaign.

Having dismissed each of Paxton’s arguments, the court granted ActBlue’s motion for preliminary injunction after having found that ActBlue has established a likelihood of success on the merits in its own lawsuit against Paxton and that the suppression of speech constitutes irreparable harm “Even setting aside the chilling effect the lawsuit is meant to have on private donors.” The court also found that the balancing of relevant equities and public interest factors, “which merge when the government is the opposing party,” favor ActBlue as there is an “inherent public interest in ensuring that state officials respect the explicit guardrails set out in the U.S. Constitution, particularly when it comes to matters of political speech.”

ActBlue chief legal officer Lawrence Oliver lauded the ruling as one where a court “clearly chose the Constitution over partisan politics.”