An appellate court found on Wednesday that Texas can enforce a law regulating drag shows in public places and in the presence of minors, scrapping a lower court order that had enjoined the state from doing so.

A panel of the U.S. Court of Appeals for the 5th Circuit reaffirmed its November ruling, saying Texas can enforce the 2023 law regulating “sexually oriented performances.” The two-judge panel said only one plaintiff in the case had standing and sent the lawsuit back to the lower court to reevaluate the plaintiff’s First Amendment claim.

Texas Attorney General Ken Paxton, who is a candidate for Senate, framed the decision as a “major win” in a statement on social media.

“I successfully defended a law protecting children from being exposed to sexually illicit content at erotic drag shows,” Paxton said. “I will always work to shield our kids from exposure to erotic and inappropriate sexually oriented performances.”

The lawsuit, brought by numerous self-described LGBTQ organizations, centered on a state Senate bill that defined sexually oriented performances as visual performances that feature a nude person or sexual conduct and “[appeal] to the prurient interest in sex.” Under the law, a person could be prosecuted for causing a performance to occur in the presence of minors.

Judge Kurt Engelhardt, an appointee of President Donald Trump, authored the opinion and was joined by Judge Leslie Southwick, an appointee of former President George W. Bush.

The judges found that most of the plaintiffs, including a nonprofit called Woodlands Pride, did not have standing to bring First and Fourteenth Amendment challenges to the law because the groups’ performances were benign and therefore not relevant to the Texas law.

The judges said, however, that a group called 360 Queen Entertainment did engage in explicit enough performances, sometimes in the presence of minors, and therefore had standing.

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“Based on the evidence introduced at trial, 360 Queen’s performances arguably include proscribed conduct,” Engelhardt wrote. “The owner described one performance where a drag queen, who was wearing a ‘very revealing’ breastplate, pulsed the breastplate in front of people and put the breastplate in people’s faces.”

Sometimes those performances were visible to children, Engelhardt noted.

The panel ordered the district court to evaluate whether 360 Queen was right to claim the Texas law violated its free speech rights under the First Amendment.

In a statement, Brian Klosterboer of the American Civil Liberties Union of Texas said the 5th Circuit effectively deemed some drag performances “family-friendly” but that the law, which will go into effect in March, still had perceived constitutional problems.

“The law’s vague and sweeping provisions still create a harmful chilling effect for drag artists and those who support them, while also threatening many types of performing arts cherished here in Texas, from theater to ballet to professional wrestling,” Klosterboer said.

In 2023, Judge David Hittner, an appointee of President Ronald Reagan, found Texas’ law was unconstitutional. It is “not unreasonable” to think it could affect activities like live theater or dancing, Hittner wrote.

Last November, the 5th Circuit vacated that order. On Wednesday, it reaffirmed that decision and denied the plaintiffs’ request to rehear their appeal.

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TUCSON, Ariz. — A 34-year-old man was arrested late Thursday night outside the Arizona home where Nancy Guthrie went missing earlier this month, the Pima County Sheriff’s Department told Fox News Digital.

Shortly before 8 p.m. Thursday, deputies arrested 34-year-old Antonio De Jesus Pena-Campos in front of Guthrie’s home on misdemeanor DUI charges, the department said. 

The arrest is not related to the Guthrie investigation, the Pima County Sheriff’s Department added.

Footage shows Pima County sheriff’s deputies shining a flashlight into the driver’s side of what appeared to be a blue Chevrolet Equinox compact SUV parked near the home where Guthrie was last seen Feb. 1.

Moments later, deputies spoke with Pena-Campos near a white canopy tent set up along the roadside as a deputy shined a flashlight toward the man’s face.

In another sequence, Pena-Campos walks in a straight line in what appears to be part of a field sobriety test. In subsequent footage, he is placed in the back of a sheriff’s pickup truck.

The man was detained as investigators continue searching for Guthrie, the 84-year-old mother of “Today” co-host Savannah Guthrie, who was reported missing Feb. 1 after authorities said she was taken during a home invasion. Investigators have said her pacemaker last synced with her iPhone around 2:30 a.m. that morning.

Her family has since offered a $1 million reward for information leading to her safe return as authorities continue to pursue leads.

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The development comes after a Catalina Foothills resident’s street-facing Ring camera captured 12 vehicles passing by between midnight and 6 a.m. on Feb. 1, the morning Guthrie is believed to have been abducted.

Some of the activity occurred around the 2:30 a.m. mark, roughly when authorities said the 84-year-old’s pacemaker last synced with her iPhone.

Homeowners Elias and Danielle Stratigouleas told Fox News Digital that police had not canvassed their neighborhood in the 25 days since Guthrie was allegedly taken from her bed in what authorities have described as a home invasion kidnapping.

The couple said they alerted both the FBI and the Pima County Sheriff’s Department to the footage. It was not immediately clear whether the video would prove useful to investigators or whether any of the vehicles had traveled on Guthrie’s street.

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The Stratigouleas home sits on a back road that leads out of Guthrie’s neighborhood and avoids major intersections. The property is approximately 2½ miles — or about a seven-minute drive — from the crime scene, according to Google Maps.

One of the videos was recorded at approximately 2:36 a.m., roughly eight minutes after Guthrie’s pacemaker last synced with her iPhone, based on the sheriff’s timeline.

Fox News’ Michael Ruiz and Olivia Palombo contributed to this report. 

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The Texas Senate primary for Republicans is a bloodbath, and President Donald Trump isn’t wading in.

Trump, who appeared in Corpus Christi, Texas, to tout his energy agenda Friday, had the opportunity to stake his claim in the contentious race and endorse a candidate. 

Sen. John Cornyn, R-Texas, is the longtime incumbent fending off seven challengers.

But the real race is between Cornyn, Texas Attorney General Ken Paxton and Rep. Wesley Hunt, R-Texas.

All three were in attendance at Trump’s rally, reminiscent of the made-for-TV spectacles that dominated his successful 2024 election campaign. Yet Trump didn’t endorse any of them as Election Day in the primary fast approaches.

Trump acknowledged all three — he paired Cornyn and Paxton and mentioned Hunt later in his remarks. He noted that they were all engaged in an “interesting election.”

“They’re in a little race together,” Trump said of Cornyn and Paxton. “You know that, right? A little bit of a race. It’s going to be an interesting one, right? They’re both great people, too.”

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Cornyn is running for a fifth term in the Senate and fighting for his political life in a nasty primary election that Trump has time and again refused to weigh in on. He’s got the full weight of Senate Republican leadership behind him, too.

Paxton, who has faced headwinds with scandals over the years, has strongly aligned himself with the president and built a coalition of conservative backers in the House, including Rep. Troy Nehls, R-Texas, who brought him to Trump’s State of the Union earlier this week.

And while the trio duke it out, money is being burned at a record pace. So far, a whopping $110 million has been spent on the Senate primaries, and $88 million of that has been dumped into the GOP contest, according to data from AdImpact.

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Given the crowded field, it’s likely the race will head to a runoff, which will turn into a brutal sprint until late May. Paxton believes he could come out on top with at least 50% of the vote come March 3, while Cornyn is eying the long game.

The coveted Trump endorsement could put either over the top in ruby red Texas. And he may be close to picking his favorite.

Ahead of the event, Trump was asked if he had decided who to endorse.

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“Pretty much,” he told reporters.

But when asked if he would say who, he said, “No.”

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