From In re Paxton, decided yesterday by the Fifth Circuit (Judge Stuart Kyle Duncan, joined by Judge Cory Wilson, with Judge Patrick Higginbotham agreeing on this point):
Believing Texas intends to enforce its abortion laws to penalize their out-of-state actions, Plaintiffs sued Texas Attorney General Ken Paxton. Paxton moved to dismiss the suit for lack of subject matter jurisdiction. Plaintiffs then issued subpoenas to obtain Paxton's testimony…. [T]he district court … ordered Paxton to testify either at a deposition or evidentiary hearing.
No, said the Fifth Circuit, for various reasons, including this:
