Democratic Attorney General Wins Could Change Big Lawsuits on Abortion, Immigration, and More

In the November 3 midterm elections, Democrats won the attorney general race in several important states, including Texas, Georgia, Iowa, Ohio, and Kansas. An attorney general is the top lawyer for a state. These new Democratic attorneys general could change or even drop lawsuits that the outgoing Republican attorneys general had started. Those lawsuits covered big topics like abortion rights, immigration, and the environment.

In Texas, the outgoing Republican Attorney General Ken Paxton had filed many lawsuits on hot-button issues. The Democrat who beat him, Nathan Johnson, said he will look carefully at all those cases to decide which ones to keep going. That means some lawsuits that Paxton started may not continue under the new leadership. Johnson told reporters that every case would be reviewed before any decisions were made.

One major issue is abortion. Texas had joined other states in suing the U.S. Food and Drug Administration over its approval of a drug called mifepristone, which is used to end pregnancies. If Texas drops out of that lawsuit, only Florida would remain as a plaintiff, meaning the case could become much weaker. In Kansas, the newly elected Democratic Attorney General Chris Mann could also pull his state out of a similar lawsuit, leaving only Missouri and Idaho to fight it.

Another abortion case involves a Texas woman named Tierra Walker, who died from a pregnancy-related condition after doctors would not perform an abortion. Her family sued the state over its near-total abortion ban. Johnson could choose not to defend that ban in court. He could also step back from cases trying to enforce a state law that bans gender-affirming care, like puberty blockers and hormone therapy, for minors.

In Georgia, Democrat Tanya Miller won the attorney general race, and her win could affect the state's defense of a law banning abortion after six weeks of pregnancy. A judge had paused further court action in one Georgia case, saying there were changes coming in the attorney general's office. Courts are watching these leadership shifts very closely. This shows how much power the attorney general has over which laws get defended in court.

Democrats winning attorney general races could also change lawsuits about medicine. Texas had sued the company that makes Tylenol, called Kenvue, claiming it hid a possible link between Tylenol use during pregnancy and autism or ADHD in children. However, doctors and scientists say there is no solid proof of that link, and Kenvue denied any wrongdoing. Johnson will have to decide whether to keep that case going or drop it entirely.

Texas and Kansas had also sued the drug company Pfizer, claiming it lied about how well its COVID-19 vaccine worked. Pfizer said all of its statements about the vaccine were accurate and based on science. With new Democratic attorneys general in both Texas and Kansas, those lawsuits against Pfizer may be dropped or changed. This could be a big shift in how states deal with vaccine-related legal battles.

On immigration, Texas had been defending a law called SB4, which lets state police arrest people suspected of crossing the border illegally. The new Texas attorney general could choose not to defend that law anymore. In Iowa, the state had appealed a similar immigration law to the U.S. Supreme Court, but the newly elected Democratic attorney general could decide not to keep fighting for it. These changes could weaken immigration enforcement efforts in both states.

There are also changes expected in voting rights and elections cases. In Georgia, a federal court is looking at whether the state's voting district maps unfairly hurt Black voters. A judge paused the case because of the upcoming leadership change in the state's attorney general's office. Meanwhile, the new Texas attorney general may let a case against a Democratic fundraising group called ActBlue go, since a federal judge had already said the lawsuit violated free speech rights.

Finally, Texas passed a law requiring public schools to display the Ten Commandments in every classroom, and several families are asking the U.S. Supreme Court to strike it down. A federal appeals court had already ruled in favor of the law, but the Supreme Court has not yet decided if it will take the case. The new Texas attorney general will have to decide how strongly to defend this law. All of these cases show just how much influence one election can have on the laws that affect everyday life.