Podcast Summary: The Charlie Kirk Show
Episode: "Roe on the Ropes" with Texas Attorney General Ken Paxton
Date: September 2, 2021
Host: Charlie Kirk
Guest: Texas Attorney General Ken Paxton
Episode Overview
In this episode, Charlie Kirk is joined by Texas Attorney General Ken Paxton for a wide-ranging discussion focused on Texas’s new pro-life law, efforts to defend election integrity, the battle against Big Tech, border and refugee issues, vaccine mandates, the Second Amendment, and the ongoing fight to keep Texas from “going blue.” The conversation offers a deep dive into both policy strategy and the legal battles being waged by Texas, providing a conservative perspective on some of the most contentious political and cultural moments of 2021.
Key Discussion Points & Insights
1. Texas Heartbeat Act (Pro-Life Law) and the Supreme Court
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Background:
Paxton explains that the Texas law bans most abortions after six weeks or once a fetal heartbeat is detected. Unlike prior laws, it allows private citizens—not government authorities—to sue anyone aiding an abortion after this point, making it more difficult for federal courts to intervene.
- “It's much harder for a plaintiff to sue right now when there's really been no case.” —Ken Paxton [03:34]
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Supreme Court Response:
The Supreme Court allowed the law to stand, citing procedural grounds, but did not rule on its constitutionality.
- “They didn't say necessarily that it was constitutional...It's an interesting case because this provides a private cause of action, which is different than other abortion laws in the past.” —Ken Paxton [02:55]
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Legislative Strategy:
Texas designed this law specifically to avoid being blocked by federal judges, a tactic Paxton complimented as creative and effective.
- “It’s a workaround, which is what the left has been doing to us for the last 40 years.” —Charlie Kirk [05:27]
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Future Legal Challenges:
Paxton confirms the state is prepared to defend the law in court and is also involved in supporting Mississippi’s anti-abortion statute in the forthcoming Dobbs Supreme Court case.
- “Absolutely we're going to represent the Texas law. My job is to represent the legislature, the governor. Whoever gets sued over this law, we will represent.” —Ken Paxton [07:52]
2. Abortion Politics and Public Support
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Public Opinion:
According to Charlie, over 60% of Texans favor the new restrictions (“right in that kind of middle ground where they say...six weeks or heartbeat is a good place to land” [10:01]), while Paxton stresses state sovereignty on abortion regulation.
- “We had abortion restrictions before the Supreme Court came in in 1972 and struck them down. These legislators who make these laws are elected by the people, and we ought to let those people debate and decide.” —Ken Paxton [10:37]
3. Election Integrity and Voter Fraud in Texas
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Defending Lawsuits:
Texas defended against 12 lawsuits attempting to relax voting laws in liberal counties during the 2020 election, winning them all.
- “We won every single one of those lawsuits. So instead of counting votes on election Day, we had already protected our elections.” —Ken Paxton [13:47]
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Ongoing Prosecutions:
Paxton’s office is actively prosecuting over 500 counts of voter fraud and investigating hundreds more, mostly related to mail-in ballots.
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“We have more voter fraud cases going now than we ever have. We have, I think, over 500 cases in court.” —Ken Paxton [13:47]
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Paxton shares case examples:
- A commissioner allegedly won with over 300 fraudulent mail-in ballots.
- A person voted illegally ten times.
- One woman allegedly committed over 7,000 violations.
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“We’re one of the few states that are actually doing these prosecutions... Most states don’t dedicate the resources.” —Ken Paxton [17:24]
4. Taking on Big Tech: The Google Lawsuit
5. Securing the Southern Border
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Wall Funding & Legal Barriers:
Texas is seeking to build new border barriers using both public money and private donations; legal options include eminent domain, but costs are huge.
- “Our border is over 1200 miles long...it costs billions of dollars to build this wall.” —Ken Paxton [24:53]
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Refugee Resettlement:
Federal power preempts state control, making it hard for Texas to block or even monitor Afghan refugee influxes.
- “They don't vet these people that we know. They don't tell us anyway, so...it’s hard for local law enforcement to prepare.” —Ken Paxton [28:36]
6. Vaccine Mandates and Individual Choice
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Litigation:
Texas is actively suing counties, cities, and school districts that issue mask or vaccine mandates, relying on the governor’s executive orders under the state’s disaster relief act.
- “We've sued over that. I don't have any authority to do anything about businesses... Individuals can make their own choices.” —Ken Paxton [29:49]
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Debate Over Business Policies:
Paxton recognizes the tension between liability concerns for businesses and individual health freedoms.
- “I don't want to be told to get the vaccine if I feel like that's not in my best health interest.” —Ken Paxton [30:58]
7. Second Amendment: Constitutional Carry
8. Keeping Texas Red and Legislative Engagement
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Threats & Defense:
Paxton warns Texas could flip blue if election integrity is not vigorously defended.
- “We're absolutely at risk of going blue. It would have happened this time had we not fought these lawsuits. It's all about whether we can protect the integrity of our elections.” —Ken Paxton [35:20]
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Democrat Legislators’ Walkout:
Paxton recounts efforts to bring absent Democrat legislators back and secure a quorum for passing key bills.
- “We took it to the Texas Supreme Court...we got that overturned. So those Democrats are actually back and that's why we were able to have the quorum.” —Ken Paxton [36:27]
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Grassroots Action:
Both Kirk and Paxton credit grassroots pressure for recent legislative successes in abortion, election integrity, and gun rights.
- “People speaking out and complaining when things aren't done, it creates action.” —Ken Paxton [38:27]
Notable Quotes
- “It's a workaround...which is what the left has been doing to us for the last 40 years.” —Charlie Kirk [05:27]
- “These are state issues, they are not federal issues. And we all know that the precedent that was created by Roe v. Wade was made up.” —Ken Paxton [07:52]
- “We have more voter fraud cases going now than we ever have...more than a majority of those relate to mail in ballot fraud.” —Ken Paxton [13:47]
- “They could hire every attorney in Texas if they wanted to and every lobbyist in Texas, and we have to go up against that.” —Ken Paxton, on Google [22:55]
- “We're absolutely at risk of going blue...It's all about whether we can protect the integrity of our elections.” —Ken Paxton [35:20]
- “People speaking out and complaining when things aren't done, it creates action.” —Ken Paxton [38:27]
Important Timestamps
- [02:36] — Introduction of Ken Paxton, start of main discussion
- [02:55] — Paxton explains the Texas Heartbeat Act, private cause of action
- [06:36] — Texas strategy vs. Roe v. Wade precedent
- [09:06] — Role in Mississippi’s Dobbs case; amicus brief with 24 states
- [13:47] — Election integrity lawsuits in Texas, voter fraud statistics
- [15:54] — Specific cases of voter fraud prosecuted by Texas AG
- [20:41] — Texas antitrust lawsuit against Google explained
- [24:53] — Efforts to privately or publicly fund the border wall
- [28:36] — Issues with federal refugee resettlement and state oversight
- [29:49] — State position and legal action on vaccine/mask mandates
- [34:00] — Texas’s new constitutional carry (permitless concealed carry) law
- [35:20] — Is Texas at risk of turning blue? Election integrity urgency
- [36:27] — Democrat legislators’ walkout and legislative response
- [38:27] — Grassroots impact on legislative achievement
Concluding Thoughts
The episode presents a robust defense of Texas’s conservative legislative agenda, highlighting legal innovation in abortion restrictions, election integrity, Big Tech accountability, and individual rights (both Second Amendment and health autonomy). Paxton and Kirk argue that both legislative and grassroots action are vital to sustaining conservative gains in Texas and pushing back against progressive federal overreach.
For more, visit kenpaxton.com and charliekirk.com.
Email feedback: freedom@charliekirk.com