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Former Employee Disproves Abbott’s Claims

5 January 2010



Attorney General Abbott claims credit for activities not his own, in press and other public statements, including his website. Contrast the Attorney General claims below with the unequivocal, defined scope-of-responsibilities statement from his former employee, Ted Cruz. "As solicitor general of Texas from 2003 to 2008, Ted Cruz says he moved from 'one enormous litigation to another to another.' Leading a team of 15 appellate attorneys, Cruz supervised every civil and criminal appeal in state and federal court on behalf of Texas, its agencies and its officials." (Texas Lawyer September 28, 2009 vol 25 no 26 p. 5).

Attorney General Abbott claims credit for the Washington, D.C. handgun ban case

"Last year, Attorney General Abbott helped lead a nationwide effort to strike down the Washington, D.C. handgun ban, which was ruled unconstitutional by the United States Supreme Court."  (Excerpt from Attorney General Abbott's press release announcing his filing for re-election, December 22, 2009).

"On behalf of 31 states, Attorney General Abbott helped champion the defense of citizens' right to keep and bear arms before the United States Supreme Court." (Excerpt from Attorney General Abbott's campaign website as of January 5, 2010).

Attorney General Abbott claims credit for the Pledge of Allegiance cases

"When a Dallas couple filed lawsuits that sought to prevent Texas children from observing a moment of silence or saying the Texas Pledge of Allegiance before class each morning, the Attorney General defended both childhood rites in court. He also led a national fight to defend the United States Pledge of Allegiance."(Excerpt from Attorney General Abbott's press release announcing his filing for re-election, December 22, 2009).

Attorney General Abbott claims credit for the Ten Commandments case

"Under his leadership, the Office of the Attorney General successfully defended the constitutionality of the Ten Commandments displayed on the Texas Capitol grounds all the way to the United States Supreme Court." (Excerpt from Attorney General Abbott's campaign website as of January 5, 2010). 

The man who once bore the lofty title "Solicitor General" boldly and proudly claims credit for the work the Attorney General now claims as his own. Ted Cruz, the former Solicitor General and still-declared hopeful to be the Republican nominee for Attorney General for later in 2010, is also claiming credit for wedge issue case leadership on his campaign website and in other very public forums.

Ted Cruz claims credit for the Washington, D.C. handgun ban case

"successfully defended for 31 States the Second Amendment right to keep and bear arms, winning in a 5-4 landmark decision before the U.S. Supreme Court;" (Excerpt from Ted Cruz's Attorney General campaign website as of January 5, 2010)

Ted Cruz claims credit for the Texas Pledge of Allegiance case

"successfully defended the Texas pledge of allegiance in federal district court;" (Excerpt from Ted Cruz's Attorney General campaign website as of January 5, 2010)

Ted Cruz claims credit for Ten Commandments case

"successfully defended the constitutionality of the Texas Ten Commandments monument, winning in a 5-4 landmark decision before the U.S. Supreme Court;" (Excerpt from Ted Cruz's Attorney General campaign website as of January 5, 2010)

"Cruz believes one of his most significant cases was 2005's U.S. Supreme Court opinion in Van Orden v. Perry.  At issue was whether a 6-foot-high monolith inscribed with the Ten Commandments and located on government property since 1961 was unlawful under the First Amendment as an establishment of religion."  (Excerpts from Texas Lawyer, September 28, 2009).

How can we believe the incumbent Attorney General who appears as a figurehead in the face of clear, published statements from an employee who bears no ill will to his former boss, and is by all accounts grateful to have had a job to which the Attorney General delegated virtually all litigation and related power?

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During her 30 year legal career, Barbara Ann Radnofsky, Democratic candidate for Texas Attorney General, has represented retirees, life-saving doctors, blood banks, children burned by lighters, families of murder victims, unfairly treated businesses: a wide variety of persons entitled to protection. Barbara Ann graduated with honors from the University of Houston and the University Of Texas School of Law.   She was honored as the Outstanding Young Lawyer of Texas in 1988 and for the past 17 years she has been listed in, "Best Lawyers in America".

Prior to 2006, she was a partner at the law firm of Vinson & Elkins in Houston, where she served as head of the Alternate Dispute Resolution Section.  She was the first woman at Vinson & Elkins to have children as an associate and later attain partnership.  Texas has never had a woman Attorney General. 

Media Contact
Katie Floyd
713-357-3360
katie.floyd@radnofsky.com

 

Texas Attorney General Mounts Legal Loser Challenge

31 December 2009

The Texas Attorney General is wrong on the law of his challenge of the senate version of the health care bill. He is wasting taxpayer resources on a loser challenge.

Attorney General Abbott challenges the constitutionality of a law that does not exist, promising to use the office of the Texas Attorney General to “explore all legal options” to dismantle federal legislation. Ironically, Texas would receive subsidies and benefits of greater magnitude than most of the nation, in the $7.5 to 10 billion range.

Even if the bill emerged as a law, the Texas Attorney General has no power to intervene. He has no standing, legally, to challenge the law or political horse-trading in the U.S. Senate. It is bad lawyering, grandstanding with no legal basis. The 5th and 14th Amendments protect persons from the government. A state and its agencies are not “persons” entitled to the right of constitutional due process. See, e.g., State v. Katzenbach, 383 U.S. 301, 323-24 (1966).  And under Texas cases, the Attorney General lacks standing to make such constitutional challenges.  Moreover, the Texas Attorney General learned in his losing battle against accommodating the disabled in Texas State buildings that Congress has the power to condition federal funds on compliance with the law. 

If the Texas Attorney General had standing, he should have fought against unfair distribution of our federal highway tax dollars. Texas has been and remains a net donor to the other states.  (Example: The 2005 $286.4 billion transportation bill, containing the bridge to nowhere, guaranteed Alaskans received about $1500 per capita in highway benefits, while Texans received a meager $36 per capita. Texas was a net donor to the rest of the country that year of 8.7 cents of every dollar.)

If the Texas Attorney General wanted to challenge wrongdoing against the people of Texas, he should have challenged the failure of state officials to meet their obligations to Texas citizens under the Children’s Health Insurance Program (CHIP). The State of Texas has sent hundreds of millions of federal tax money paid by Texans to other states because Texas officials wrongly created barriers to full enrollment in CHIP (6 month reenrollment requirements for example). The Texas Attorney General has turned his back on the people of Texas suffering from the highest percentage of health uninsured in the country, with sky-high rates.

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During her 30 year legal career, Barbara Ann Radnofsky, Democratic candidate for Texas Attorney General, has represented retirees, life-saving doctors, blood banks, children burned by lighters, families of murder victims, unfairly treated businesses: a wide variety of persons entitled to protection. Barbara Ann graduated with honors from the University of Houston and the University of Texas School of Law.   She was honored as the Outstanding Young Lawyer of Texas in 1988 and for the past 17 years she has been listed in, "Best Lawyers in America".

Prior to 2006, she was a partner at the law firm of Vinson & Elkins in Houston, where she served as head of the Alternate Dispute Resolution Section.  She was the first woman at Vinson & Elkins to have children as an associate and later attain partnership.  Texas has never had a woman Attorney General.

Contact Katie Floyd for citations to legal decisions and economic analysis
713-858-9391 (cell); katie.floyd@radnofsky.com

Barbara Ann Radnofsky’s Statement Regarding Attorney General Abbott Filing for Re-election

22 December 2009

For Immediate Release

Houston, Texas.  December 22, 2009.  Barbara Ann Radnofsky, Democratic candidate for Texas Attorney General, filed to be on the ballot on December 3, 2009.  She was the first Democratic candidate to file at Texas Democratic Party Headquarters on the first day of filing.

In response to the news that Attorney General Abbott had filed for reelection, Radnofsky stated:

“The voters will have a clear choice in November between a woman who wants to be the People’s Lawyer and a man who wants to move on to something else.  I’m prepared to safeguard all Texans from fraud and crimes whether committed with a computer or a tire iron.” 

Standing in the wings is Ted Cruz, former employee of the Attorney General, who insists that there is a “strong possibility” that “dominoes will fall this spring”.  This afternoon, Cruz stated that he believes Senator Hutchison’s expressed intention to resign and that General Abbott will move on.  According to Cruz, there remains “a substantial possibility” that Cruz will be the Republican nominee for Attorney General. 

During her 30 year legal career, Barbara Ann has represented retirees, life-saving doctors, blood banks, children burned by lighters, families of murder victims, unfairly treated businesses: a wide variety of persons entitled to protection. Barbara Ann graduated with honors from the University of Houston and the University Of Texas School Of Law.   She was honored as the Outstanding Young Lawyer of Texas in 1988 and for the past 17 years she has been listed in, “Best Lawyers in America”. 
Prior to 2006, she was a partner at the law firm of Vinson and Elkins in Houston, where she served as head of the Alternate Dispute Resolution Section.  She was the first woman at Vinson and Elkins to have children as an associate and later attain partnership.  Texas never has had a woman Attorney General.  

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Media Contact: Katie Floyd - Office: 713-357-3360; katie.floyd@radnofsky.com

Radnofsky Will File for Texas Attorney General on Thursday, December 3, 2009

1 December 2009

What: Barbara Ann Radnofsky will officially file to run for Texas Attorney General with a press conference to follow.

When: Thursday, December 3, 2009 with a press conference at 10:00 a.m.

Where: Texas Democratic Party, 505 West 12th Street, Suite 200, Austin, Texas 78701

Why: As Attorney General Barbara Ann will:

  • Attack anticompetitive, profiteering and deceptive practices in the insurance and electric utility industries which have led to the highest insurance and electricity rates and increases in the country.
  • Demand that the office of the Attorney General no longer turn its back on credible law enforcement evidence of abuse of the most vulnerable in our society including our children, the elderly, and crime victims.
  • Declare the margin tax unconstitutional.
  •  Safeguard all Texans from crimes whether committed with a computer or a tire iron

Notes: The press is invited to attend.  Barbara Ann will highlight why she is running and why Texans are ready for a new leader in the Attorney General’s office.

Prior to filing, Barbara Ann will address the Austin Democratic Forum on Tuesday, December 1, 2009 at the Austin Bar Association, 816 Congress Avenue, Suite 700.  The luncheon will begin at 11:45 a.m. and end at 1:00 p.m.

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Media Contact:
Katie Floyd
Office: 713-357-3360
katie.floyd@radnofsky.com

 

 

Governor Perry's Consigliere

1 December 2009

Houston, Texas. The Attorney General of Texas possesses massive power to affect the everyday lives of Texans. In our "weak Governor" system, the current Attorney General has used his powers to provide legal cover for the Governor's partisan, politicized agenda.

The Attorney General has consistently served as Governor Perry's Consigliere. What happens when the office of Attorney General is used for partisan, political gain?

•    Texans are robbed of over 100 years of seniority in the U.S. House of Representatives through politically motivated mid-decade redistricting. Governor Perry and Tom Delay did not have the power to trigger mid-decade redistricting. The Texas Attorney General issued the opinion enabling mid-decade redistricting, without which redistricting could not have occurred.

•    Texans are subject to an unconstitutional, unfair tax. Governor Perry wanted to implement a new income tax in place of the old franchise tax.  Under the Bullock Amendment, he could not institute an income tax without voter approval. The Texas Attorney General provided the legal opinion that allowed the margin tax on income to proceed without the constitutionally required statewide referendum.  The Attorney General ignored the well-reasoned Comptroller's opinion that the margin tax is an income tax, requiring the people’s vote.  

•    Sexual abuse of our children is ignored.  The Texas Attorney General enabled the Texas Youth Commission's cover up of sexual abuse, refusing to intervene after the Texas Ranger's presentation to the Governor and Attorney General of concrete, first hand evidence and affidavits of abuse. After the scandal was exposed by the press, the Governor tapped as "Conservator" an official who was in the Office of Attorney General at the time of the decision to not pursue the Rangers' evidence.

On Thursday, December 3, 2009, Barbara Ann Radnofsky will officially file to run for Texas Attorney General.  She will file at the Texas Democratic Party Headquarters, 505 West 12th Street, Suite 200 Austin, Texas 78701, at 9:00 a.m. and will follow with a press conference at 10:00 a.m. 

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Media Contact: Katie Floyd
Office: 713-357-3360; katie.floyd@radnofsky.com

Barbara Ann Receives National Women’s Endorsement

25 June 2009

Houston, Texas. Barbara Ann Radnofsky has received the endorsement of the Women’s Campaign Forum (WCF) for her 2010 Attorney General race. The early endorsement is another indicator of Barbara Ann’s strength as a statewide candidate in 2010. WCF, a national, non-partisan political committee dedicated to advancing pro-choice women of all parties, believes that gender parity for women in public office is essential to the strength and future of our nation.

“I am proud of the early endorsement from the WCF. They believe in my candidacy and the leadership I will bring to the Attorney General’s office.” Radnofsky said.

According to Sam Bennett, President/CEO of the Women’s Campaign Forum, “We are committed to seeing Texas have their first woman Attorney General in 2010 and the woman who can do it is Barbara Ann Radnofsky. The Women’s Campaign Forum proudly endorses Barbara Ann for Texas Attorney General. She is supremely qualified. This is a winnable race for Barbara Ann.”

As a wife, daughter, and mother to two young women and a son, Barbara Ann is dedicated to issues important to women and people across Texas including protecting the victims of crime. In Texas, rape victims are billed for the cost of collecting the evidence of the crime.

"As Attorney General I will abolish the AG's current policy that crime victims, particularly rape victims, pay for the gathering and preservation of evidence against criminal attackers." Radnofsky said.

During her 30 year legal career, Barbara Ann has represented retirees, life-saving doctors, blood banks, children burned by lighters, families of murder victims, unfairly treated businesses: a wide variety of persons entitled to protection. As a lawyer who has practiced on both sides of the docket, a mediator, and a long time community leader, Barbara Ann knows how to represent people, how to fight for people, and how to bring people together.

Barbara Ann Radnofsky graduated with honors from the University of Houston and the University Of Texas School Of Law. She was honored as the Outstanding Young Lawyer of Texas in 1988 and for the past 16 years she has been listed in, “Best Lawyers in America”.

Prior to 2006, she was a partner at the law firm of Vinson and Elkins in Houston, where she served as head of the Alternate Dispute Resolution Section. She was the first woman at Vinson and Elkins to have children as an associate and later attain partnership.

Barbara Ann Earns Endorsements from 50+ County Chairs

5 August 2009

Houston, Texas. In an early show of support from elected members of the Democratic Party of Texas, Barbara Ann Radnofsky, Houston attorney and 2006 Democratic U.S. Senate nominee, has earned the endorsement of more than 50 Democratic County Chairs (complete list below) throughout Texas for her 2010 Texas Attorney General campaign. The endorsements cover every region of the state.

“I am honored by the support from all over our great state and I’m ready to be the attorney to protect Texas and all Texans. With 54% of Texas voters ready to end the one party domination of our state, leaders throughout the state recognize that a unified effort at the earliest stages of the AG race will be key.”
- Barbara Ann Radnofsky

The Texas Attorney General race has national significance and Barbara Ann is the candidate who Democrats are looking to for a victory in 2010.

“While the current statewide leadership in Texas has proven time and again they are concerned with protecting themselves, I am convinced that we have a candidate in Texas for Attorney General who will protect all Texans. I know Barbara Ann Radnofsky as a talented and principled lawyer with over 30 years of experience who will use the considerable power of the Attorney General’s office with superb judgment and the interests of the people of Texas always as her top priority. We watched as the AG turned his back on the people of Texas, so that he could enable Tom Delay’s mid-decade redistricting to happen. Recent Gallup polling indicates that more Texans self-identify as Democrat than Republican. I’m excited by these trends and am convinced that Barbara Ann can win this race. I am proud to stand with her now!”
- Steven Grossman, Former Chairman, Democratic National Committee

During her 30 year legal career, Barbara Ann Radnofsky has represented retirees, life-saving doctors, blood banks, children burned by lighters, families of murder victims, unfairly treated businesses: a wide variety of persons entitled to protection. As a lawyer who has practiced on both sides of the docket, a mediator, and a long time community leader, Barbara Ann knows how to represent people, how to fight for people, and how to bring people together. Barbara Ann graduated with honors from the University of Houston and the University Of Texas School Of Law. Prior to 2006, she was a partner at the law firm of Vinson and Elkins in Houston, where she served as head of the Alternate Dispute Resolution Section. She was honored as the Outstanding Young Lawyer of Texas in 1988 and for the past 16 years she has been listed in, “Best Lawyers in America”.

County Chair Endorsements

J. Larry Davis (Anderson County),, Franklin Williams, Jr. (Jasper County),, Rosa Elkins (Atascosa County),, Gilbert Adams, Jr. (Jefferson County), Harold Huff (Austin County), Patricia Macias (Jim Wells County), Michael Silvas (Bee County), Sarah Whitaker (Kaufman County), Carla Vela (Bexar County), John Weir (Kendall County), Barbara Hudson (Blanco County), Brenda Harrison (Kerr County), Sue Funkhouser (Brazoria County), Mary Ann Colin (Kleberg County), Dale Christophersen (Brewster County), Daniel Melder (Lampasas County), Michael Guerra (Brooks County), James Thibodeaux (Lavaca County), Guy Stuart (Burnet County, temporarily on leave), Jennie Lou Leeder (Llano County), Mary Ellen Hamm (Chambers County), Sami Bush (Loving County), Era Schwartz (Comanche County), Phyllis Wolper (Denton County), Eddie Pevehouse (Navarro County), Bobbie Duncan (Ector County), Mark Carter (Orange County), Wright Andrew Barnebey (Edwards County), Abel Bosquez (Potter County), Charlene Prince (Falls County), James Otto (Randall County), Elaine Bishop (Fort Bend County), Bob Dean (Reeves County), Barbara Price (Freestone County), Terri St. Clair (Rockwall County), Lloyd Criss (Galveston County), Rose Harrison (San Patricio County), Sara Creagor (Grimes County), Diana Salgado (Val Verde County), Robert Shannon (Grayson County), Stephen Jabbour (Victoria County), Phillip Bennett (Guadalupe County), Joe King (Wharton County), James Belk (Hale County), Allyn Arnold (Wichita County), Gerald Birnberg (Harris County), Michelle Pope (Wilson County), Bret Begert (Hemphill County), Charles Thompson (Wood County), John Curnutt (Hutchinson County) and Gerald Clark (Jackson County)

Individuals Endorsing Personally, Not In Their Official County Chair Capacity

Richard Maddern (Burnet County; interim), Philip Ruiz (Caldwell County), Larry Wilson (Ellis County), Adrienne Cadik (Montgomery County)

 

 

Barbara Ann Radnofsky Running for Texas Attorney General

23 June 2009

Houston, Texas. Barbara Ann Radnofsky, a Houston attorney and the Democratic United States Senate nominee in 2006 is running for Texas Attorney General in 2010. Radnofsky says she will hold a formal announcement later in the year or early next year, but she’s in the race to stay because of what’s at stake for Texas.

“Our statewide leaders aren’t fighting for us; they’re fighting for themselves and their own personal agendas. We’ve seen how the Attorney General can harm our everyday lives: our electric bills, the insurance and taxes we pay, the safety of our children. We need an Attorney General who will use her skills to make sure all Texans get the protection they deserve,” Radnofsky said.

Barbara Ann Radnofsky, known as BAR to many of her friends and supporters, has emerged as the first Democratic candidate who says she’s definitely a candidate for Attorney General. Radnofsky says she intends to build upon her base of 1.55 million votes from 2006 with the help of a top notch team of political professionals with a track record of winning in Texas and across the country. She currently has hired fundraising, polling, media, direct mail, and opposition research firms to work on her 2010 campaign.

During her 30 year legal career, Barbara Ann has represented retirees, life-saving doctors, blood banks, children burned by lighters, families of murder victims, unfairly treated businesses: a wide variety of persons entitled to protection. As a lawyer who has practiced on both sides of the docket, a mediator, and a long time community leader, Barbara Ann knows how to represent people, how to fight for people, and how to bring people together.

As Attorney General, Barbara Ann will attack anticompetitive and deceptive practices in the insurance and utility industries, act on credible law enforcement evidence of abuse of the most vulnerable in our society, and she will declare the margin tax unconstitutional.

As the mother of three to Danielle, Max and Michaela, and wife to Daniel Supkis, M.D, Barbara Ann knows how difficult it is to protect children from internet predators and she also will work as Attorney General for stronger controls on social networking websites.

Since running in 2006, Barbara Ann has maintained her statewide organization and has engaged her organization to help elect more Texas Democrats in 2008. Recent polling shows Texas is ready to vote Democratic. In a recent poll conducted by a Republican polling firm in Texas, only 32% of voters in Texas said that Republican elected officials performed their job well enough to deserve reelection for their offices. In contrast, more than half (54%) responded that, “it’s time to give Democrats the chance to do better.”

“I’m in this race to stay and I’m in it to win,” said Radnofsky.

“I have a statewide organization, thousands of donors, and an experienced team of campaign professionals working with me. Texans are fed up with their interests taking a back seat to partisanship and next year it’ll show at the polls,” she concluded.

Barbara Ann Radnofsky graduated with honors from the University of Houston and the University Of Texas School Of Law. She was honored as the Outstanding Young Lawyer of Texas in 1988 and for the past 16 years she has been listed in, “Best Lawyers in America”.

Prior to 2006, she was a partner at the law firm of Vinson and Elkins in Houston, where she served as head of the Alternate Dispute Resolution Section. She was the first woman at Vinson and Elkins to have children as an associate and later attain partnership. Texas never has had a woman Attorney General.