In Re: Ken Paxton, No. 22-50882 (5th Cir. 2022)
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Believing Texas intends to enforce its abortion laws to penalize their out-of-state actions, Plaintiffs sued Texas Attorney General (Petitioner). Petitioner moved to dismiss the suit for lack of subject matter jurisdiction. Plaintiffs then issued subpoenas to obtain Petitioner’s testimony. Petitioner moved to quash the subpoenas, which the district court initially granted. On reconsideration, however, the district court changed course, denied the motion, and ordered Petitioner to testify either at a deposition or evidentiary hearing. Petitioner petitioned for a writ of mandamus to shield him from the district court’s order.
The Fifth Circuit granted the writ, concluding that the district court clearly erred by not first ensuring its own jurisdiction and also by declining to quash the subpoenas. The court explained that the district court committed a “clear abuse of discretion” by finding that exceptional circumstances justified ordering Petitioner to testify. Petitioner has therefore shown a clear and indisputable right to relief. The court further found that the errors are ones that cannot be rectified as the case progresses. Petitioners compelled testimony cannot be undone or corrected by the district court or a reviewing court once it occurs. Accordingly, the court was satisfied that, under the circumstances, it should exercise its discretion to issue the writ.
The court issued a subsequent related opinion or order on February 14, 2023.
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