
保守派法律运动本周失去了其最强大的机构之一:一名民主党人即将接管得克萨斯州总检察长办公室。近三十年来,该办公室一直是右翼律师的培训基地,也是民主党总统的主要对手。
The conservative legal movement lost one of its most powerful institutions this week, with a Democrat set to take over an attorney general’s office in Texas that for nearly three decades has served as a training ground for lawyers on the right and a primary antagonist of Democratic presidents.
该办公室的校友包括美国参议员泰德·克鲁兹和约翰·科宁、联邦上诉法院法官、雪佛龙公司的总法律顾问以及律师事务所合伙人。在贝拉克·奥巴马总统和乔·拜登总统任内,该州以挑战联邦政策而闻名,涉及移民、医疗保健和环境法规。即使这类挑战失败,也成功地拖累了民主党的议程。
The office counts among its alumni US Senators Ted Cruz and John Cornyn, federal appellate judges, Chevron's general counsel and law-firm partners. The state became known for challenging federal policies under Presidents Barack Obama and Joe Biden, including immigration, health care and environmental regulations. Even when such challenges failed, they succeeded in gumming up the Democratic agenda.
在总检察长竞选中,民主党人、得州州参议员兼商业诉讼律师内森·约翰逊获得52.4%的选票,击败了共和党人梅斯·米德尔顿——一位石油和天然气行业高管、州政界人士、特朗普总统的盟友。与此同时,即将卸任的总检察长肯·帕克斯顿在周二的美国参议院选举中落败,这场蓝色浪潮席卷了得州和全国。
In the attorney general race, Democrat Nathan Johnson, a Texas state senator and commercial litigator, captured 52.4% of the vote to beat Republican Mayes Middleton, an oil and gas executive, state politician and ally of President Trump's. Outgoing Attorney General Ken Paxton, meanwhile, lost his US Senate race Tuesday in the blue wave that swept Texas and the nation.
“这无异于把全国最大的单一保守派公共利益机构交给了民主党人,”得州律师贾德·斯通说。他于2021年至2023年在帕克斯顿手下担任副总检察长。
“It’s nothing less than the single largest conservative public-interest shop in the country being handed over to the Democrats,” said Judd Stone, a Texas lawyer who served as solicitor general under Paxton from 2021 to 2023.
约翰逊的胜利立即引发了人们对得州在堕胎、跨性别者权利、移民及其他共和党优先事项上的诉讼命运的疑问。但对保守派法律运动而言,更大的问题或许是,什么能够取代这个在一代人的时间里提供资源和律师、并领导挑战民主党政府的办公室。
Johnson’s victory raises immediate questions about the fate of Texas lawsuits over abortion, transgender rights, immigration and other Republican priorities. But for the conservative legal movement, the bigger question may be what can replace an office that for a generation has provided resources and lawyers and led challenges to Democratic administrations.
在一次采访中,约翰逊表示,他计划让这个拥有约4000名员工(包括800名律师)的办公室去政治化。他说,他知道他的一些行动会被视为自由派的,例如,如果他起诉特朗普政府。“当总统违法时,我就会起诉他们,”他说。他还说,如果民主党人超越了他们的权力范围,他也会起诉他们。
In an interview, Johnson said he plans to depoliticize the office of around 4,000, including 800 lawyers. He said he knows some of his actions will be viewed as liberal if, for example, he sues the Trump administration. "I sue presidents when they break the law," he said. That'll extend to suing Democrats, he said, if they act outside the scope of their powers.
约翰逊认为,总检察长办公室“不应该成为某个政党的私人律师事务所”,并且他“不打算宣布它现在是进步运动的法律部门”。尽管如此,他还是称赞了那些就移民政策、关税和联邦资金冻结起诉特朗普政府的民主党总检察长。
The attorney general's office, in Johnson's view, is "not supposed to be a private law firm for a political party," and he does "not intend to announce it’s now the progressive movement’s legal division." That said, he praised Democratic attorneys general who have sued the Trump administration over immigration policies, tariffs and federal funding freezes.
约翰逊说,他仍需要评估帕克斯顿任内处理的每项正在进行的事务的优点,以确定他将支持或驳回哪些案件。“一切都将受到审查,”他说。
Johnson said he still needs to assess the merits of each active matter brought under Paxton to determine which ones he will support and dismiss. "Everything will be examined," he said.
马凯特大学研究总检察长的政治学教授保罗·诺莱特(Paul Nolette)表示,德克萨斯州总检察长办公室长期以来一直被视为全国保守派最重要的此类办公室,它既能独立处理案件,又能领导多州联盟。“除了规模,德克萨斯州还为保守派提供了一个有利的司法环境,其联邦法院连接着美国第五巡回上诉法院,该法院通常被视为全国最保守的联邦上诉法院。”
The Texas attorney general's office has long been seen as the most important such office nationwide for conservatives, both handling cases on its own and leading multistate coalitions, said Paul Nolette, a political science professor at Marquette University who studies attorneys general. Beyond its size, Texas has also offered conservatives a favorable judicial landscape, with its federal courts feeding into the 5th US Circuit Court of Appeals, often viewed as the nation’s most conservative federal appeals court.
在竞选期间,共和党总检察长协会执行主任亚当·派珀(Adam Piper)称德克萨斯州的竞选是“该国最具影响力的总检察长竞选之一”,并称该办公室是“美国法律人才的军械库”。诺莱特和该办公室的历任官员表示,它一直是保守派律师的有吸引力的雇主,甚至吸引了其他州的年轻律师,尽管一些人表示其招聘能力近年来有所减弱。
In the run-up to the election, Republican Attorneys General Association Executive Director Adam Piper called the Texas race "one of the most consequential attorney general contests in the country," citing the office as "America's armory of legal talent." Nolette and office alumni said it's been an attractive employer for conservative lawyers, even attracting young lawyers from other states, though some say its recruiting prowess has faded in recent years.
几十年前,总检察长办公室的工作比较清闲,主要专注于各自的州。
Decades ago, attorney general offices were sleepier affairs, focused primarily on their own states.
德克萨斯州最后一位民主党籍总检察长丹·莫拉莱斯(Dan Morales)任职至1999年。同年,共和党总检察长协会成立,加速了该职位的政治化进程,并推动其从主要关注州内事务的官员转变为寻求影响联邦政策的全国性角色。
The last Democratic attorney general in Texas, Dan Morales, served until 1999. That same year, the Republican Attorneys General Association formed, helping accelerate the politicization of the role and the shift from largely state-focused officials into national players seeking to influence federal policy.
此后,德克萨斯州总检察长一职先后由科宁(Cornyn,后成为美国参议员)、阿博特(Greg Abbott,后当选州长)以及过去十年的帕克斯顿(Paxton)担任。
The Texas attorney general role has since been held by Cornyn, who went on to be a US Senator, Greg Abbott on his way to the governor’s office, and, for the last decade, by Paxton.
莱斯大学政治学教授马克·琼斯(Mark Jones)表示:“阿博特‘开创了德克萨斯州总检察长作为全国性行动者的理念’。” 他的办公室常因医疗政策、移民和环境监管等问题起诉奥巴马政府。阿博特曾以此自嘲:他早上上班,起诉联邦政府,然后下班回家。
Abbott “pioneered the idea of the Texas attorney general as this national actor,” said Mark Jones, a political science professor at Rice University. His office routinely sued the Obama administration over health care policies, immigration and environmental regulation. Abbott became known for quipping that he would go into the office in the morning, sue the federal government, and go home.
据帕克斯顿办公室统计,他延续了这一传统,对拜登政府提起了100多起诉讼。他的任期一度因丑闻蒙上阴影,包括证券欺诈指控、高级助手指控他利用职权惠及政治捐赠者,以及2023年由共和党控制的德克萨斯州众议院对他发起弹劾。琼斯说:“帕克斯顿变得越来越有毒。”帕克斯顿办公室未回应置评请求。
Paxton carried on that tradition, suing the Biden administration more than 100 times, according to his office. His tenure was at times overshadowed by scandals, including securities-fraud charges, allegations from senior aides that he used his office to benefit a political donor, and his impeachment in 2023 by a Republican-controlled Texas House. “Paxton became increasingly toxic,” said Jones. Paxton's office didn't respond to a request for comment.
约翰逊表示,重建办公室——并清除右翼意识形态分子——将是他明年1月履新后的首要任务。他预计数百名职业公务员将留任,而他将招募自己的人选填补领导层职位。“欢迎不同意见,”他说,“但那些固守教条和意识形态观点的人不欢迎。”
Johnson said rebuilding the office — and clearing out right-wing ideologues — will be his top priority once he takes over the role in January. He said he expects hundreds of career public servants to stay on, while he hires his own people to fill out leadership ranks. "Disagreement is welcome," he said. Those clinging to dogma and ideological views, he said, are not.
周二大选后,全美大大小小的州仍有多位知名共和党总检察长,包括路易斯安那州、密苏里州和佛罗里达州,这些州在共和党主导的对联邦政策的挑战中均发挥了重要作用。
After Tuesday’s election, there are still prominent Republican attorneys general in big and small states nationwide, including Louisiana, Missouri and Florida, all of which have played significant roles in Republican-led challenges to federal policies.
“这是一个巨大的打击,”南德克萨斯法学院休斯顿分校宪法学教授乔什·布莱克曼说。“在民主党政府执政期间,德克萨斯州一直是挑战行政行动的核心阵地——而这现在没了。”
“This is a huge blow,” said Josh Blackman, a constitutional law professor at South Texas College of Law Houston. “Texas has been ground zero during Democratic administrations to challenge executive action—and that’s gone.”