Ballot spotlight: Texas Attorney General

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The Texas Attorney General (AG), as the state’s chief legal officer, has substantial authority that impacts public education. Heading into the November elections, the Texas AFT Committee on Political Education (COPE) has endorsed Nathan Johnson for Texas Attorney General.

Historically, Texas AGs have impacted public education through opinions focusing on universities statewide. Dan Morales, AG from 1991 to 1999, ruled that the Higher Education Coordinating Board (THECB) could not mandate training for junior college trustees, confirmed that nonresident scholarship recipients qualified for in-state tuition, and affirmed THECB’s authority to require TASP testing for proprietary school degrees.

Texas AG is often a springboard for higher office, with both John Cornyn and Greg Abbott serving there before moving up to U.S. Senator and Governor, respectively. Cornyn, during his AG stint, found that state regulation of a religious postsecondary institution didn’t violate free exercise rights. Abbott established THECB’s authority over GPA computation, school certification, military exemptions, but prohibited the board from approving tuition equalization grants for institutions without public-level accreditation.

For his part, Ken Paxton shifted the office from opinions to investigations. Paxton probed Austin ISD for continuing to teach its “1619 Project” curricula, which centers U.S. history around slavery and the contributions of African Americans. In a statement, Paxton framed the fight as ensuring students weren’t being subjected to “liberal, anti-American ideology.” He sued and investigated multiple Texas ISDs to enforce SB 10’s Ten Commandments display mandate.

Following SB 11 – authored by Mayes Middleton, allowing designated prayer periods in schools – Paxton encouraged school districts to bring prayer to the classrooms, stating the nation “was founded on the rock of Biblical Truth” and should not tether to the “far-left.” Paxton used his platform for political means and to boost his national profile among hard-right conservatives. He’s now the GOP nominee for U.S. Senate, running against James Talarico.

Mayes Middleton, the Republican nominee, has expressed desires to continue Paxton’s approach of using the office as a tool against ideology and curriculum debates. Initially running his family's Gulf Coast oil and gas company, his public facing work began with donations to candidates and conservative board seats. When state Democrats left Texas to prevent a quorum, Middleton infamously posted “Is Gene Wu back in China?” a deeply racist remark. In the state senate, Middleton authored SB 1798, which sought to repeal the Texas DREAM act. As seen previously with Cornyn, Abbott, and Paxton, the AG position is a steppingstone to higher office – if voters elect Middleton, he might be a figure at the statewide level for years and years to come.

Nathan Johnson contrasts Middleton's image. He became the first Democrat elected to his state senate seat in over 3 decades. Johnson has authored over 400 bills, with 143 signed into law covering public education, environmental protection, and healthcare. He has also promised, if elected, to not defend “the legislature’s passage of unconstitutional laws and laws that violate individual rights.” Contrary to Paxton and Middleton, he has vowed not to uphold the enforcement of SB 10 (10 Commandments bill) and 11 (mandated school board vote for school prayer) in public schools due to their unconstitutional nature.

Public education succeeds when law is not weaponized for ideological battles. Nathan Johnson’s commitments reflect this standard. For the future of public education jurisprudence, and indeed the future of Texas politics, Nathan Johnson is the best pick for Attorney General, and it is imperative that extremists like Middleton are kept out of this vital office.

Election day is November 3, and October 5 is the deadline to register to vote.