A Ken Paxton Moment

Read the original at Reason ↗
Cite

David Post. (2026, November 3). A Ken Paxton Moment. Reason. https://reason.com/volokh/2026/11/03/a-ken-paxton-moment/

Dated from the outlet's own feed. Check the original for its byline.

Reason · collected 2026-11-03 · by David Post

Quick Summary

This article critiques Ken Paxton's actions as Texas Attorney General in December 2020 when he filed a lawsuit with incorrect statistical claims against several states to challenge the 2020 election results. Paxton argued that the probability of Biden winning in Georgia, Michigan, Pennsylvania, and Wisconsin was less than one in a quadrillion, which is mathematically inaccurate according to the author. The piece highlights Paxton's refusal to acknowledge or correct this erroneous claim publicly or before the Supreme Court.
Written by AI on 2026-11-03, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

On November 3, 2026, Reason Magazine highlighted a comparison between current political events and Ken Paxton's actions during the 2020 election. In December 2020, as Texas Attorney General, Paxton filed a lawsuit against the states of Georgia, Michigan, Pennsylvania, and Wisconsin to overturn the presidential election results in those states. He petitioned the Supreme Court for original jurisdiction on an expedited basis. Paxton argued that expert analysis using statistical tests raised significant questions about the integrity of the election, given then-President Trump's early leads in these states before Biden won the popular vote.

Written for “Aken Paxton Moment” on 2026-11-04, grounded in this article and the 0 other(s) covering the same event.

Story

📰 Aken Paxton Moment
Politics · 1 article(s) covering the same event.

Compared with similar articles

This article reads leans left and hedges 5% of its claims. Each row says how that neighbour differs.
Daily Mail
Hedges 1 of 31 claims Outlet record 69/100
“Article A describes James Talarico's campaign rally on November 3rd, while Article B discusses Ken Paxton's conduct in a lawsuit from December 2020.”
Al Jazeera
Hedges 1 of 2 claims Outlet record 60/100
“The articles describe different contexts related to Ken Paxton, one discussing past conduct and legal actions from December 2020, while the other covers a watch party for election results in November 2026.”
Fox News
⚖️ Leans strongly left further left than this Hedges 0 of 18 claims Outlet record 68/100
“Article A discusses Ken Paxton's past actions during the 2020 election results, while Article B reports on the outcome of the Texas Senate race in 2026.”
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
22
sentences that state something as happening or true
Uncertain
5%
1 of 22 hedged ("reportedly", "may", "according to")
Leaning
Leans left
of the writing, not the subject · beta estimate
Publisher signals
67/100
Reason's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
1
Politics
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-11-03 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

Reason · 1111 article(s) · 4 correction(s) detected
Running correction rate · 4 correction(s)

Who wrote this

David Post
2 article(s) here · 1 carrying a prediction
🔮 I have stayed away from discussing any of the many important electoral contests that will be (hopefully) decided today.
2026-11-03 · assertive framing · A Ken Paxton Moment
🔮 A nuclear attack on Canada would also be "bold," as would aiding and abetting an attack on the US Capitol to prevent election certification, or draining the Rio Grande to make it easier to spot unlawful entrants.
2026-09-16 · assertive framing · Bold, perhaps; but not Brave and not Right
Also by David Post
Nothing else under this byline is closely related to this article, so these are simply their most recent.

Topics

Georgia Michigan Pennsylvania States Wisconsin

Subjects

Biden PERSON · 5× Paxton PERSON · 5× Court ORG · 4× States GPE · 3× Georgia GPE · 2× Michigan GPE · 2× Pennsylvania GPE · 2× Texas GPE · 2× Wisconsin GPE · 2× Senate ORG · 1×

Narrative

The probability that Joe Biden would end up with a majority in any of those is not one in a quadrillion - let alone one in a quadrillion to the 4th power (!), which is approximately equal to the probability that the sun will rise in the West tomorrow, and will have developed the capacity for human speech - nor anything close to one in a quadrillion.
framing: assertive · carried by 1 article(s) · first seen 2026-11-03
🔮 I have stayed away from discussing any of the many important electoral contests that will be (hopefully) decided today.
2026-11-03 · Reason
A Ken Paxton Moment · assertive framing

Claims (22 extracted, 1 hedged)

I have stayed away from discussing any of the many important electoral contests that will be (hopefully) decided today. asserted
that → stay → contests
But given that he is at the center of one of the most hotly-contested Senate seats, I can't help being reminded of his conduct during the campaign to overturn the 2020 election results, and what may have been the lowest of many low points in Ken Paxton's career to date. uncertain
what → give → date
In December 2020, when he was Attorney General of Texas, Paxton was the attorney of record in a lawsuit against the states of Georgia, Michigan, Pennsylvania, and Wisconsin, seeking to overturn the 2020 election results in those states. asserted
Paxton → seek → states
He petitioned the Supreme Court to exercise its original jurisdiction to hear the case, and to do so on an expedited basis. asserted
He → petition → basis
[See my blog posting at the time here; Paxton's papers filed at SCOTUS are posted here]. asserted
papers → see → SCOTUS
In his filing, he wrote: Expert analysis using a commonly accepted statistical test raises serious questions as to the integrity of this election. asserted
analysis → write → election
The probability of former Vice President Biden winning the popular vote in the four Defendant States—Georgia, Michigan, Pennsylvania, and Wisconsin—independently given President Trump's early lead in those States as of 3 a.m. on November 4, 2020, is less than one in a quadrillion, or 1 in 1,000,000,000,000,000. asserted
Biden → win → 1,000,000,000,000,000
For former Vice President Biden to win these four States collectively, the odds decrease to less than one in a quadrillion to the fourth power (i.e., 1 in 1,000,000,000,000,000^4).The asserted
odds → win → 1,000,000,000,000,000
same less than one in a quadrillion statistical improbability [applies to] Mr. Biden winning the popular vote in the four Defendant States. asserted
Biden → apply → States
Again, the statistical improbability of Mr. Biden winning the popular vote in these four States collectively is 1 in 1,000,000,000,000,000. asserted
Biden → win → 1,000,000,000,000,000
Prima facie proof of fraud in the counting of ballots, I'd say. asserted
I → say → ballots
It is, as anyone with a knowledge of elementary statistics would have recognized immediately, simply and laughably wrong. asserted
anyone → recognize → statistics
The technical term is, I believe, "utter bullshit." asserted
I → believe → ?
I explain why here. asserted
I → explain → ?
The probability that Joe Biden would end up with a majority in any of those is not one in a quadrillion - let alone one in a quadrillion to the 4th power (!), which is approximately equal to the probability that the sun will rise in the West tomorrow, and will have developed the capacity for human speech - nor anything close to one in a quadrillion. asserted
sun → end → quadrillion
Hey, we all make mistakes, right? asserted
we → make → mistakes
What is most disgraceful about this episode is not that Paxton screwed up in his brief to the Court; it is that he never acknowledges his error, either publicly or, more importantly perhaps, to the Court. asserted
he → screw → Court
His assertion that the probability that Biden actually carried these States was equal to the probability that you would pick the single blue marble from a collection of 1,000,000,000,000,000 marbles, is a falsehood, and it is one that is at the core of his argument, in a case that was of grave importance to the future of the country. asserted
that → carry → country
If Paxton didn't catch that falsehood before he filed his papers with the Court, he's merely a lousy lawyer, which I suppose is nothing to get too worked up about, given that there always will be plenty of lousy lawyers out there. asserted
I → catch → lawyers
But if he doesn't acknowledge that he has misled the Court after those misstatements are revealed - if he doesn't tell the Court that it has to ignore the part of his argument that relied on this incorrect understanding of statistics - then he's in a much more sinister category. asserted
he → acknowledge → category
That this is the candidate whom the Texas Republican party chose as its candidate for U.S. Senate speaks volumes about the current state of the Rule of Law in this Administration. asserted
party → choose → Administration
I'm sure that Mr. Paxton is looking forward, assuming the results go his way, to forging a close working relationship with Attorney General Todd Blanche, who is similarly scrupulous in his adherence to fundamental Rule of Law principles (as in the Slush Fund fraud-on-the-court perpetrated by Blanche and the DOJ]. asserted
who → look → Blanche
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