Abbott’s excuse just doesn’t hold up. In the very same oath of office he also pledged to protect and defend the laws of the United States. Abbott, of course, has spent millions in Texas taxpayer funds to attack many laws passed by Congress and signed by the President – most prominently the US Voting Rights Act and the Affordable Care Act.
Abbott’s Oath
Here is Abbott taking the oath of office in 2011 to begin his third team as attorney general:
Here is an exact transcript of his words:
I, Greg Abbott, do solemnly swear, that I will faithfully execute the duties of the office of Attorney General of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God.
Room for Discretion
Abbott is not obligated by his oath of office to endlessly defend the actions of the legislature or of Congress. He has discretion as the state’s Attorney General to sue, defend, stand down, settle or pursue other options.
In fact, earlier this year, he gave up on his effort to dismantle Wendy Davis’ Senate District and agreed to a settlement with the Davis plaintiffs. The discretion of the state AG is made clear in a Texas Appeals Court decision from 1979 which states:
In matters of litigation the Attorney General is the officer authorized by the law to protect the interests of the State, and even in matters of bringing suit the Attorney General “must exercise judgment and discretion, which will not be controlled by other authorities.” Charles Scribner’s Sons v. Marrs, 114 Tex. 556, 63 S.W. 623 (1901). (Source: Bullock v. Texas Skating Ass’n, 583 S.W.2d 888, Austin Court of Civil Appeals, 1979)
Dishonest and Cowardly
Greg Abbott simply does not have the guts to publicly say that he supports the unconstitutional Texas public school financing system and that he supports the $5 billion cut in public school funding passed by the legislature in 2011.
Abbott’s use of the “oath of office” excuse is cowardly and points to an overall unwillingness to be truthful with Texas voters.
