A Texas appeals court ruled against Attorney General Ken Paxton’s lawsuit targeting Beto O’Rourke’s nonprofit Powered by People, protecting its free speech rights. O’Rourke views the decision as a defense of democratic principles amid Republican efforts to redraw electoral maps. He warns that Democrats must win the 2026 midterms to check authoritarian consolidation.
In September, Texas’ 15th Court of Appeals, composed entirely of justices appointed by Governor Greg Abbott, unanimously rejected Ken Paxton’s attempt to shut down Powered by People. The lawsuit stemmed from the group’s financial contributions to Democratic lawmakers who fled the state in 2021 to protest Republican redistricting efforts pushed by Donald Trump. Paxton had accused the nonprofit of offering “Beto bribes” and threatened to imprison O’Rourke while freezing assets and restricting fundraising.
The court’s 23-page opinion declared the restraining order a violation of free speech under the Texas and U.S. constitutions. “Powered by People and Beto O’Rourke assert that the trial court’s modified restraining order violates their rights to free speech... We agree,” the ruling stated. O’Rourke, speaking to Slate after the decision, expressed relief but caution, noting the case could still appeal to the all-Republican Texas Supreme Court. “Two-hundred forty-nine years into this experiment, this idea that we are a government of, by, and for the people, well, that still stands,” he said.
The conflict ties into broader battles over congressional control. Texas is projected to gain four House seats after the 2030 census, while California loses some. Trump demanded five additional seats in Texas following his 2024 win, prompting Democrats to resist through quorum breaks. Powered by People raised over $1 million to support caucuses like the House Democratic Caucus and Texas Legislative Black Caucus during these efforts.
O’Rourke emphasized the high stakes for 2026 midterms, calling a Democratic House majority essential to curb presidential overreach. “If we fall short of that, that’s the end of the ball game,” he warned, predicting unstoppable authoritarian power otherwise. He criticized Republican tactics, including closing over 750 polling locations in the past decade—mostly in growing Black and brown communities—and rejecting 13% of mail ballots in the 2022 Democratic primary, far above the prior 1% rate.
Despite setbacks, O’Rourke remains optimistic, citing 2018 gains like nearly defeating Ted Cruz and flipping 12 state House seats. He attributes Republican panic to Trump’s unpopularity and midterm trends, urging voter engagement to turn Texas purple. The legal battle has cost Powered by People $400,000, but O’Rourke sees it as vital resistance against institutional capitulation to Trump.