Southwest
5th Circuit clears Texas to enforce drag show law in front of minors, Paxton claims ‘major win’
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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.”
A drag queen performs a routine set to the song “Killing in the Name” by Rage Against the Machine at the Texas State Capitol during the “No Kings” national rally in Austin, Texas on June 14, 2025, on the same day as President Trump’s military parade in Washington, D.C. (SERGIO FLORES/AFP via Getty Images)
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.
APPEALS COURT SAYS TEXAS CAN ENFORCE DRAG SHOW BAN, SUGGESTS NOT ALL DRAG SHOWS VIOLATE STATE LAW
The Texas State Capitol in Austin (Brandon Bell/Getty Images)
“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.
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. (Getty Images)
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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Southwest
GOP Rep Tony Gonzales admits to affair with former aide for first time
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This story discusses suicide. If you or someone you know is having thoughts of suicide, please contact the Suicide and Crisis Lifeline at 988 or 800-273-TALK (8255).
Rep. Tony Gonzales, R-Texas, admitted to having an affair with a former staffer for the first time on Wednesday.
Gonzales made the confession during an appearance on a conservative talk radio show, just one day after he advanced to a runoff election in his congressional district’s GOP primary. The House Ethics Committee also launched an investigation into Gonzales on Wednesday.
“I made a mistake, and I had a lapse in judgment, and there was a lack of faith, and I take full responsibility for those actions,” he said on “The Joe Pags Show” Wednesday night. “Since then, I’ve reconciled with my wife, Angel. I’ve asked God to forgive me, which he has, and my faith is as strong as ever.”
“When you make mistakes like this, it’s never easy. It humbles you,” he added.
Regina Santos-Aviles, a staffer for Republican Rep. Tony Gonzales of Texas, died Saturday, Sept. 13, 2025, in Uvalde, Texas. (Ricky Carioti/The Washington Post via Getty Images | Regina Santos-Aviles Facebook)
The Ethics Committee is investigating whether Gonzales, a married father of six, engaged in sexual misconduct with a female member of his staff and whether he doled out special favors or privileges as a result.
Gonzales has said he has no plan to step down in the face of the accusations, saying last month that there are more details to be released regarding the situation.
“What you’ve seen is not all the facts,” Gonzales told reporters in late February.
REP TONY GONZALES HIT WITH HOUSE ETHICS PROBE OVER SEXUAL MISCONDUCT ALLEGATIONS
Rep. Tony Gonzales, R-Texas, has denied having anything to do with his former staffer’s death. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
The three-term congressman argued at the time that he was being “blackmailed” in connection with the case. Controversy first arose after the San Antonio Express-News reported they obtained text messages in which the former staffer, Regina Ann Santos-Aviles, wrote to a colleague that she had an affair with the lawmaker.
Santos-Aviles later died after setting herself on fire.
Gonzales denied having anything to do with her death during his radio appearance.
NANCY MACE TO FORCE VOTE TARGETING FELLOW GOP LAWMAKER ACCUSED OF AFFAIR WITH STAFFER
Rep. Tony Gonzales, R-Texas, is interviewed by CQ-Roll Call. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
“I hadn’t spoken with Miss Santos since June of 2024. She passed September of 2025… I had absolutely nothing to do with her tragic passing. And in fact, I was shocked just as much as everyone else,” Gonzales said.
Gonzales took to social media last month and accused Santos-Aviles’ husband of “blackmail,” sharing a partial screenshot of an email from the widower and claiming he was seeking money.
“I WILL NOT BE BLACKMAILED,” Gonzales wrote in a Feb. 19 post on X. “Disgusting to see people profit politically and financially off a tragic death.”
In the email posted by Gonzales, attorney Robert Barrera discussed a possible lawsuit against the lawmaker and a potential settlement with a nondisclosure agreement. The email says that the maximum recoverable amount is $300,000.
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Barrera denied he was trying to blackmail Gonzales.
“It is a desperate attempt to make him look again like a political victim,” Barrera told The Associated Press last month. “There’s no blackmail here. I mean, it’s just ridiculous allegations.”
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Southwest
Nancy Guthrie’s abductor may have returned to the crime scene, left critical clues at tribute: expert
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TUCSON, Ariz. — As a growing memorial outside Nancy Guthrie’s Tucson-area home continues to draw visitors, new questions are emerging about whether investigators are monitoring the site.
Guthrie, the 84-year-old mother of “Today” co-host Savannah Guthrie, is believed to have been abducted from her home in the early hours of Feb. 1.
“They could [have eyes on the memorial], we’re just not seeing it,” Betsy Brantner Smith, spokesperson for the National Police Association and a retired police sergeant, tells Fox News Digital. “They could be keeping track of it, but we’re not seeing the cameras.”
Nancy Guthrie was abducted from her Tucson home on Feb. 1. (Getty Images)
Yellow flowers, handwritten notes, artwork and even an open letter addressed to the “kidnapper” have been left at the makeshift tribute in front of her home.
While the memorial grows, however, visible law enforcement presence has significantly dropped.
“Detectives are reviewing all viable leads in this case,” a spokesperson for the Pima County Sheriff’s Department told Fox News Digital. “We do not speak to specifics, as this is still an ongoing investigation.”
Authorities have not publicly identified a suspect, vehicle or any persons of interest.
MULTIPLE SUSPECTS ARE POSSIBLE IN NANCY GUTHRIE’S ABDUCTION
Haunting Nest doorbell camera video shows a masked man on Nancy Guthrie’s front steps around the time of her abduction. He is described as being of average height and build and was wearing a black Ozark Trail backpack.
“In this type of situation where you have the potential for a suspect having done this because he or she is somehow obsessed with Savannah Guthrie or seeing Nancy featured on the ‘Today’ show multiple times… someone who is obsessed with notoriety, celebrity — there’s a lot of pathology involved in that,” Brantner Smith said.
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A member of the Pima County Sheriff’s office was seen outside of Nancy Guthrie’s home, Monday, Feb. 9, 2026 in Tucson, Ariz. (Ty O’Neil/AP Photo; Nathan Congleton/NBC via Getty Images)
“Potentially, that is the type of person that could come back to the memorial, look at the memorial, even take photos of the memorial and add to the memorial themselves.”
As to why there’s been an alleged lack of law enforcement presence monitoring the site, Brantner Smith pointed to one likely scenario.
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“It may be because they have solid suspects, and they just haven’t released that information to the public,” she said.
It’s not uncommon for an offender to return to the crime scene, she added.
A growing vigil in the morning light under cloudy skies is seen at Nancy Guthrie’s home on February 13, 2026, in Tucson, Arizona. (Ty O’Neil/AP Photo)
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“Sometimes the offender will come back to the scene of the crime. So, in that vein, they would come to the memorial, and they may have left their own note, their own flowers,” she said.
Often, it’s a mark of their arrogance, she told Fox News Digital.
“I am guessing that the suspect or suspects who did this are frankly taking great pride in the fact that so far they’ve got away with it,” she added. “Coming back can also be a way to bring back that rush that they had when they originally committed the crime.”
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Such behavior happens frequently in arson cases, she said.
Deputies examine a flyer taped to Nancy Guthrie’s mailbox on Sunday, Feb. 22, 2026. They were called to the scene after volunteer searchers and several streamers walked onto Guthrie’s property with a shovel. (Michael Ruiz/Fox News Digital)
“But it’s also not untypical in a homicide case or, in this case, a missing person,” she continued. “We’ve got to look at the psychology of people who do this kind of stuff. They also may want to come back to see what kind of people are leaving notes and leaving flowers.”
For that reason, she said, investigators should be reading the notes to develop potential leads.
“They’re coming back to see the impact that they had on this neighborhood and on this family,” she said. “And the rest of us would view that as very sick, but law enforcement has to view that as a way to collect clues.”
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Savannah, her sister Annie, and brother-in-law, Tommaso Cioni, placed flowers at the growing tribute near the foot of Nancy’s driveway on Monday in a somber visit to the crime scene.
Annie Guthrie, her husband Tommaso Cioni, and Savannah Guthrie at their missing mother Nancy Guthrie’s home on Monday, March 2, in Tucson, Arizona. (Fox News)
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A combined reward for information that leads to Nancy’s recovery from the FBI, local authorities and the Guthrie family stands at over $1 million. It has not yet been claimed.
Savannah is asking anyone with information to dial 1-800-CALL-FBI.
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Southwest
Ted Cruz endorses Texas state Rep Steve Toth in GOP primary challenge to Dan Crenshaw
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U.S. Sen. Ted Cruz, R-Texas, has endorsed Texas state Rep. Steve Toth, who is challenging incumbent U.S. Rep. Dan Crenshaw in the Lone Star State’s 2nd Congressional District Republican primary.
“I am proud to endorse @SteveTothTX for Congress in Texas’s 2nd Congressional District. Steve faithfully served the people of Texas in the Texas House of Representatives, championing our Texas values of liberty, limited government, and constitutional governance,” Cruz said in a post on X.
“Steve is an unwavering fighter for school choice, fiscal responsibility, and the next generation of Americans. Washington needs bold leadership and representatives who will stand up for Texans at every turn,” Cruz continued.
Republican U.S. Rep. Dan Crenshaw speaks during a showcase hosted by TerraFlow in Houston Thursday, Aug. 14, 2025. (Melissa Phillip/Houston Chronicle via Getty Images)
“Steve has the experience, the courage, and the conviction to do just that. I’m honored to support his campaign and urge voters in Texas’s 2nd Congressional District to join me in electing Steve Toth to Congress,” he added.
While President Donald Trump has not made an endorsement in the race, he previously backed Toth for Texas state House in 2022 and 2024.
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Texas House incumbent Rep. Steve Toth gives a brief statement before the start of a gubernatorial debate held at Grace Woodlands Church and put on by the True Texas Project on Monday, Jan. 10, 2022 in Spring, Texas. (Michael Wyke/Houston Chronicle via Getty Images)
“State Representative Steve Toth is doing a fantastic job representing Texas State House District 15. A Small Business Owner and an Ordained Minister, Steve is fighting tirelessly to Secure our Elections, Grow the Economy, Eliminate Needless Regulations, Strengthen the Border, Support our Great Military/Veterans, and Protect and Defend our under siege Second Amendment. Steve Toth has my Complete and Total Endorsement!” Trump wrote in a 2024 Truth Social post.
The last day of early voting for Texas’ March 3 primary contests is Friday, according to the Texas Secretary of State website.
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Sen. Ted Cruz, R-Texas, arrives for the cloture vote on the government funding bill in the U.S. Capitol on Thursday, Jan. 29, 2026. (Bill Clark/CQ-Roll Call, Inc via Getty Images)
Crenshaw has served in Congress since early 2019.
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