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AG Pax­ton Leads Coali­tion Chal­leng­ing Court’s Deci­sion Erod­ing Con­sti­tu­tion­al Sep­a­ra­tion of Pow­ers, Fed­er­al­ism Concerns

Texas Attorney General Ken Paxton led an 18-state coalition amicus brief in support of Utah’s challenge in the Denver-based U.S. Court of Appeals for the Tenth Circuit, opposing a court order requiring Utah Attorney General Sean Reyes to sit for an hours-long oral deposition about an employment dispute. The legal issue implicates significant separation-of-powers and federalism concerns.   

“The lower court is attempting to force the deposition “even though the court acknowledged that General Reyes may have ‘little knowledge’ concerning the circumstances of the plaintiff’s termination,” the brief reads. “That abuse of discretion endangers both federal-state comity and the people of Utah, whose attorney general is being diverted from his public service to answer the plaintiff’s questions.” 

Read the brief here

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