Texas GOP Attorney General Candidates Vow to Challenge Decades-Old Supreme Court Rulings

Emboldened by overturning Roe v. Wade, conservative legal groups hope Ken Paxton's successor will help them overturn gay marriage and public school access for undocumented students.

Apr. 13, 2026 at 12:51pm

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A serene, photorealistic painting of the Texas state capitol building, its grand dome and columns cast in warm, golden light, with deep shadows accentuating the structure's imposing presence, conveying a sense of political gravity and unease.As conservative legal groups set their sights on overturning landmark civil rights rulings, the next Texas attorney general could become a key player in a high-stakes battle over the Constitution.Georgetown Today

The Republican candidates for Texas attorney general, Chip Roy and Mayes Middleton, have vowed to use the office to challenge long-standing Supreme Court precedents, including the rulings that guarantee public education for undocumented students (Plyler v. Doe) and allow same-sex marriage (Obergefell v. Hodges). This represents an escalation of the partisan agenda pursued by outgoing Attorney General Ken Paxton, who has sued the federal government over a wide range of issues.

Why it matters

The Texas attorney general's office has become increasingly politicized in recent years, with the occupant of the office using it to advance a conservative legal agenda. The promises made by Roy and Middleton to overturn landmark Supreme Court rulings suggest the next attorney general could go even further in this direction, potentially undermining civil rights protections and the separation of church and state.

The details

Roy and Middleton both expressed a desire to challenge the Supreme Court's 1982 ruling in Plyler v. Doe, which found that Texas' law allowing school districts to exclude undocumented students from free public education was unconstitutional. They also indicated they would seek to overturn the court's 2015 decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide. Additionally, Middleton has supported a state law requiring the posting of the Ten Commandments in public school classrooms, which a federal judge has blocked as unconstitutional.

  • In 1975, Texas passed a law allowing school districts to exclude undocumented students from free public school.
  • In 1982, the Supreme Court ruled in Plyler v. Doe that Texas' law was unconstitutional.
  • In 2015, the Supreme Court ruled in Obergefell v. Hodges that same-sex marriage is a constitutional right.
  • In 2023, the Texas legislature passed a law requiring the posting of the Ten Commandments in public school classrooms, which a federal judge has blocked.

The players

Chip Roy

U.S. Representative and Republican candidate for Texas attorney general, who has vowed to challenge the Plyler v. Doe ruling if elected.

Mayes Middleton

Texas state senator and Republican candidate for attorney general, who has supported legislation to require the posting of the Ten Commandments in public schools and has criticized the "false doctrine of separation of church and state."

Ken Paxton

The outgoing Texas attorney general, who has used the office to sue the federal government over a wide range of issues, including abortion and COVID-19 policies.

Steve Vladeck

A law professor at Georgetown University who has criticized the notion of a state attorney general leading the charge to redefine the Constitution.

Stephen Miller

A senior White House adviser who has pressed Texas GOP lawmakers on why they haven't already challenged the Plyler v. Doe ruling.

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What they’re saying

“We have to defeat these atheist precedents that have stopped prayer in school, that have stopped children from going to Christian schools, and frankly, that have stopped what made our country great, which is our faith.”

— Mayes Middleton, Texas state senator and Republican candidate for attorney general

“We could sit here all night talking about cases that Texas ought to be challenging. We have to be vigilant in challenges at every single turn.”

— Chip Roy, U.S. Representative and Republican candidate for Texas attorney general

“The notion that the attorney general of any one state, even Texas, should be leading the charge in defining what the Constitution means on a nationwide basis, is, to me, the epitome of hubris. One might even say it's Texas-sized hubris.”

— Steve Vladeck, Law professor at Georgetown University

What’s next

The 5th U.S. Circuit Court of Appeals is currently considering arguments against the Texas law requiring the posting of the Ten Commandments in public school classrooms. The outcome of this case could set the stage for further legal challenges to long-standing Supreme Court precedents.

The takeaway

The promises made by the Republican candidates for Texas attorney general to use the office to overturn landmark Supreme Court rulings represent a concerning escalation of the partisan agenda that has characterized the office in recent years. This could have far-reaching implications for civil rights, the separation of church and state, and the balance of power between the states and the federal government.