While Texas' U.S. Senate race has drawn attention as a closely watched contest, another statewide race is exposing divisions within the Republican Party.
The race is for Texas attorney general, a seat being vacated by Attorney General Ken Paxton as he runs for the U.S. Senate. The contest has created an unusual political split, with two former Republican Texas Supreme Court justices backing Democrat Nathan Johnson, while U.S. Sen. Ted Cruz has endorsed Republican state Sen. Mayes Middleton.
Cruz endorsed Middleton after his preferred candidate, U.S. Rep. Chip Roy, lost in the May runoff. Meanwhile, Johnson has secured endorsements from former Texas Supreme Court Chief Justice Tom Phillips and former Associate Justice Deborah Hankinson, both Republicans.
Here's why the attorney general race is splitting longtime Republicans known for their legal authority in the state.
Former Chief Justice Thomas Phillips was appointed to the Texas Supreme Court by former Republican Gov. Bill Clements in 1987, becoming the youngest chief justice in state history. He later won reelection as a Republican and served until 2004.
Former Associate Justice Deborah Hankinson joined the court in 1997 after being appointed by former Republican Gov. George W. Bush to replace Justice John Cornyn, who resigned to run for Texas attorney general. Hankinson subsequently won the election as a Republican and served until 2002.
Phillips and Hankinson said their support is rooted in the importance of the rule of law and the role of the attorney general as the state's chief legal officer. They said their endorsement is not about party affiliation but about restoring what they described as a sense of normalcy in the state's legal system.
"Sen. Johnson seems to me to be much more focused on carrying out all the duties of the office, rather than carrying out political agendas to help the current federal executive branch, or to carry out other political agendas that may intersect with legal disputes," Phillips said.
The former chief justice said he is personally backing Johnson over Middleton because Johnson has an extensive legal career, having practiced at a national law firm, whereas Middleton has spent most of his career in business.
Phillips said also said he hopes Johnson can return the office to its traditional role before it became a political pulpit for launching careers into higher offices.
"I think an attorney general is doing a good job if they're not in the headlines for charges or that they're acting in some outrageous or highly partisan fashion," Phillips said.
Regarding Hankinson, she said she takes issue with Middleton's comments that the 2020 presidential election was stolen and that he thinks the separation of church and state is a false doctrine and a lie. As a former judge and current attorney, she said she can't stand by that.
Her endorsement also comes from her belief that Johnson will put the rule of law back at the forefront of the attorney general's office, while Middleton won't.
"The attorney general represents the state as well as the people who live in the state, and that's the priority, and the rule of law is what the attorney general is charged with enforcing, and certainly the Constitution falls in that category," Hankinson said.
She also said that she understands Texas runs partisan elections for the attorney general's office, but "that does not mean that the political agenda takes over and pushes aside the rule of law."
Johnson said that learning of the justices' endorsements reassured him about why he is running and how the office is supposed to operate.
"It's very affirming of what I'm trying to do as the attorney general of Texas, which is to restore the office to one that upholds the rule of law, irrespective of party, in the interests of the people of the state," Johnson said.
If elected, he said he would work to rebuild the office's lost legal talent, review pending actions/investigations to see whether they align with the public interest rather than political interests, and update state consumer-protection, competition, and employment law to keep pace with new technology.
U.S. Sen. Cruz backed Middleton in the attorney general race on Aug. 24. The endorsement carries weight both because of Cruz's Senate seat and his own legal background in Texas
Cruz has an extensive legal background, serving as a law clerk on the U.S. Court of Appeals for the Fourth Circuit and to U.S. Supreme Court Chief Justice William Rehnquist.
During the George W. Bush administration, he served as an associate deputy attorney general in the U.S. Department of Justice before then-Attorney General Greg Abbott appointed him solicitor general of Texas, where he served from 2003 to 2008.
The role of the solicitor general in Texas is to represent the state's interests in cases before the U.S. Supreme Court, the Texas Supreme Court and other federal and state appellate courts.
In a social media post, Cruz said he was endorsing Middleton because "Texas needs an attorney general who will never hesitate to stand up for our state and the values that make Texas strong."
"(Middleton) is a lifelong Texan who has shown that he will defend the Lone Star State, stand up to the Left, and fight any effort to impose Sharia law or undermine our Constitution, our freedoms, and our Texas way of life," the post said.
Middleton thanked Cruz on social media for his support and for "fighting to keep the great state of Texas Red this November."
USA TODAY reached out to Middleton's campaign for further comment on the senator's endorsement but did not receive a response.
A recent poll from Texas Public Opinion Research, released Aug. 27, showed Middleton (44%) statistically tied with Johnson (41%) within the poll's 3.3-percentage-point margin of error.
It also showed that 10% of voters remain undecided, with Libertarian Tom Oxford and independent Omer Khwaja each receiving 1% of the vote.
Mateo Rosiles is the Texas Connect reporter for USA TODAY and its regional papers in Texas. Got a news tip for him? Email him at [email protected].
This article originally appeared on USA TODAY: Former GOP justices back Democrat in Texas attorney general race