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Federal Judge Halts Texas Anti-Boycott Fossil Fuel Law, Citing Constitutional Breaches

Key Takeaways

  • Texas's 2021 Senate Bill 13, restricting state investments in firms boycotting fossil fuels, was declared unconstitutional.
  • The law violated the First Amendment (free speech) and the Fourteenth Amendment (due process) due to its "facially overbroad" definition of "boycotting."
  • Judge Alan Albright's ruling affirmed the definition of "boycotting" was vague and led to "discriminatory enforcement."
  • The decision means state investment funds like the Teacher Retirement System cannot be compelled to divest based on politically motivated criteria.
  • The American Sustainable Business Coalition successfully sued, arguing the law infringed on free speech and due process rights.
Okay, so you know how Texas really loves its oil and gas industry? Well, the state tried to push a law that basically forced huge investment firms to keep doing business with fossil fuel companies, even if those firms had other ideas. A federal judge just said, "Nope, that's not how it works." This decision has some big legal implications, especially for free speech and how the state can tell businesses what to do. Back in 2021, state lawmakers passed Senate Bill 13. The idea behind it was pretty simple: if a financial firm seemed like it was "boycotting" oil and gas companies—maybe because of climate concerns or other reasons—then Texas wouldn't let state funds invest with them. Think about it: big state coffers like the Teacher Retirement System or the Texas Permanent School Fund, which hold billions, had to avoid these firms. The law even made the Comptroller's office create a public list of firms deemed "boycotting." It's one of those "anti-ESG" measures you might've heard about, where ESG stands for environmental, social, and governance. But here's where it got messy. U.S. District Judge Alan Albright stepped in last Wednesday and called SB 13 unconstitutional. He said it was "facially overbroad." What does that mean? It means the way the law defined "boycotting" was just too wide, too vague. It didn't give clear rules, making it super hard for firms to know if they were breaking the law. Judge Albright pointed out that the definition had "three clauses, all of which are undefined." That's a huge problem when you're talking about legal limits on what companies can say or do. The judge found that the law actually violated the First Amendment, which protects free speech, and the Fourteenth Amendment, which includes due process protections. Basically, the state can't just broadly tell businesses what opinions they can hold or how they should talk about climate change, especially if it's not based on objective business reasons. This isn't just theory; Judge Albright noted the law already led to "discriminatory enforcement," causing state investment funds to pull billions from firms. For example, BlackRock, a massive international investment company, was on the "boycott" list until it dropped two big climate initiatives, then it got taken off. It shows how the state was actively using this list to influence corporate behavior. The lawsuit against this law started in 2024. The American Sustainable Business Coalition (ASBC) sued then-Comptroller Glenn Hegar and Attorney General Ken Paxton. They argued the law messed with free speech and due process. The ASBC asked for a summary judgment on three of their claims this past January, and Judge Albright agreed with them on all counts. That's a win for them, and a pretty strong statement from the court. Now, what does this mean for you? If you're a state worker, or just someone whose retirement is tied to these funds, this ruling is a big deal. Supporters of the lawsuit say it helps keep politics out of how public pension funds are invested. Tim Hill, who heads the Alliance for Prosperity and a Secure Retirement, said it "puts a stop to the unconstitutional effort in Texas to include non-fiduciary issues when deciding how to invest public pension funds." In plain English, investment decisions should be about making the most money for retirees, not about pushing political agendas. So, while Texas wants to support its energy industry, it can't do it by stepping on constitutional rights. This ruling is a clear reminder that even state laws have to play by the rules, especially when it comes to free speech and fair treatment for businesses.