Recently, something happened in Texas that evidences the Marxist leftist agenda, lawfare and disregard of our three branches of government. When the legislative representatives of the people approve a piece of legislation, and it is signed into law by the executive, the judicial branch is supposed to rule on the law according to the Constitution, not policy preferences. Such a revealing distortion has happened, once again, in the State of Texas, where I live.

As reported by The Dallas Express…

A federal judge has temporarily paused Texas’s ban on so-called “diversity, equity, and inclusion” in Plano, Houston, and Katy school districts.

Judge Charles Eskridge issued a preliminary injunction in GSA v. Morath on February 20. This restricts Plano ISD, Houston ISD, and Katy ISD from enforcing key sections of S.B. 12 – Texas’ law banning DEI from the classroom.

“This is yet another example of an activist judge who, instead of allowing litigation to play out, is stretching the limits of their constitutional authority to override a duly enacted law, the legislative process, and ultimately the will of the people of Texas,” said State Board of Education Member Brandon Hall to The Dallas Express.

Left-wing activists sued the districts, along with Texas Education Commissioner Mike Morath, in August 2025, claiming that S.B. 12 violated free speech. Morath and Katy ISD moved to dismiss the suit in November, but plaintiffs kept pursuing the case.

The Bottom Line

A federal judge ordered three Texas school districts, Plano, Houston, and Katy ISD, to stop enforcing four sections of S.B. 12. Those sections banned DEI-based hiring practices and statements, prohibited school staff from helping students socially transition, restricted K-12 instruction on sexual orientation or gender identity, and barred student clubs based on sexual orientation or gender identity.

The rest of S.B. 12 remains in effect, including parental access to school records and consent requirements. The plaintiffs challenging the law include the Genders and Sexuality Alliance, Texas AFT (a state affiliate of the American Federation of Teachers), and several advocacy groups represented by the ACLU-Texas and other law firms.

Parents who suspect violations of the still-active provisions can file complaints with their school board or the Texas Education Agency.

Denial of Our Three-Branch Design

The Marxists in America do not believe in the three branches of government, legislative, executive, and judicial, with the legislative being the most powerful, with enumerated powers. Nope, these leftists embrace the three branches of rule: media, academia, and the courts.

In this case, these activist Marxists used the courts to protect their second branch of rule. If we are to a point in America where the people cannot elect legislative representatives to support these policy issues, we are undermining our constitutional Republic. Just look at the legislation that Marxists pass in their “Blue” states, such as no voter ID, the ability to dismember babies up to the time of birth, and the right of the state to mutilate the bodies of children without parental notification. These are truthfully immoral, actually evil, ideological agendas, just Republican minorities in these States have little recourse.

What the left cannot pass by legislative fiat, they seek to implement by activist judicial rule.

If I were the Governor of Texas, the response would be simple: no federal activist judge is going to tell Texans how their children are to be educated. And if these groups or perverse individuals do not like it, that is simple also. There are countless airports and interstate highways you can take to leave.

This federal judge, Charles Eskridge, should be impeached and removed from the federal bench, as with all these Marxist activist federal judges, like Judge Boasberg in DC. Remember, the only court that the Constitution establishes is the U.S. Supreme Court; all other courts of lower jurisdictions are established by Congress. Checks and balances.

There comes a time when we must tell Marxist leftists, “Nuts!” That is reminiscent of the response of the 101st Airborne Division Commander, BG Anthony McAuliffe, at Bastogne when, even as surrounded, the Germans asked for his surrender. The rest is proud history in the annals of American military achievements.

As I write this missive, it is the 190th anniversary of the famous “Travis Letter” penned at The Alamo on 24 February 1836. The letter ends with these immortal words, “If this call is neglected, I am determined to sustain myself as long as possible & die like a soldier who never forgets what is due to his own honor & that of his country — Victory or Death.”

Texas, and indeed America, in this time needs principled, resolute, courageous, and dedicated men and women who will look the Marxist leftists, and their Islamist accomplices, in the eye, for our children and grandchildren, and just say, “Victory or Death.”

Steadfast and Loyal.

Republished from ACRU Action Fund.