Texas Attorney General Ken Paxton delivered a blistering assessment of Democrat Senate nominee James Talarico just days before the midterm elections, calling him a “con man and a deceiver” whose campaign rhetoric does not match his record.

Appearing on Fox News with host Kayleigh McEnany, Paxton addressed Talarico’s support for the Democratic plan to pack the Supreme Court if the party wins control of Congress.

Paxton rejected the idea that the Supreme Court needs to be expanded. “I think the founders got it right,” Paxton said.

“We have a good number of Supreme Court justices. They are doing that to pack the court so they can get a more liberal agenda more quickly,” Paxton continued.

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Paxton also warned that Democrats would seek to add states in an effort to gain more votes. “They're also going to try to obviously add in extra states from Puerto Rico to D.C. to add Democratic votes.”

His criticism of Talarico went far beyond the Supreme Court fight. Paxton said Talarico “is going to do anything that is radical” and maintained that “there is no doubt in my mind this is a game.”

Paxton then offered his sharpest attack on the Democrat’s credibility. “He's a con man. He's a deceiver.”

“He's lying to Texans about his real views because he knows that if he tells them the truth, he cannot get elected in Texas,” Paxton added.

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McEnany asked Paxton whether he believes Talarico would support the Democrats’ radical agenda. Paxton responded by urging voters to compare the candidate’s current language with his actual behavior and voting history.

“I mean, you just have to look at what people do when they're actually voting, when they're actually talking. Now that he's in this general election, he has had to change those positions,” Paxton said.

Paxton argued that campaign rhetoric alone does not tell voters what a candidate will do once elected. “But go back and look at his behavior. It's nice to listen to the rhetoric, but does the rhetoric match the record?”

“And in his case, there's nothing close to what he is saying now that has matched his record. On the other hand, my rhetoric absolutely matches my record,” Paxton continued.

Paxton closed that response by drawing a direct distinction between himself and Talarico. “I'm not changing for this election.”

James Talarico is a con man and a deceiver.

He’s lying to Texans about his real views, because he knows his actual positions would never get him elected in Texas. https://t.co/ADMU6gDzFL — Attorney General Ken Paxton (@KenPaxtonTX) November 1, 2026

Talarico’s previous comments have followed him throughout the campaign as Republicans have used them to argue that he is not the right person to represent Texas. One particularly damaging remark involved his claim that there are six sexes.

During a recent interview, Talarico acknowledged that some of his past statements created a problem. “I missed the mark on some of my past statements; I'll be the first to admit it,” he said when asked about the six sexes comment.

Talarico attempted to clarify what he had meant. “What I meant is there are two sexes, and there's a small percentage of people with genetic abnormalities.”

“Obviously I didn't say it correctly. There are not six sexes; there are two,” Talarico added.

The controversy does not end with that statement. Talarico has also claimed that God is “nonbinary” and has expressed a bizarre obsession with LGBTQ people.

The contest heads into Election Day on Tuesday, Nov. 3, with polling showing a close race. CBS Texas reported that the most recent polls showed Talarico holding a narrow lead over Paxton.

The financial stakes have climbed alongside the political tension. According to CBS Texas, advertising spending in the race has surpassed a quarter of a billion dollars.

A CNN poll conducted from Oct. 20 through Oct. 27 found Talarico ahead among likely voters. The poll placed him at 49%, compared with Paxton at 43%.

TALARICO TAPES: Williamson County Democratic Chair and James Talarico’s Girlfriend’s Family Reveal to O’Keefe That Talarico Is Portraying Himself as a Moderate to Win Over Texas Voters, but Privately Holds Very Progressive Positions on Border Security, Immigration, Abortion, and Transgender Surgeries for Minors

“James [Talarico], he's not going middle.” “He's [Talarico] definitely going to play the middle ground because he's in Texas. but he is a lot more progressive on it [abortion].” “Don't put too much stock into border security comments…“He [Talarico] and I have spoken about these issues.” “He [Talarico] probably said that to try to make himself appear more centrist. He's very liberal…but we've got to get elected, so we can do something.” @jamestalarico @texasdemocrats @wilcotnyd @wilcotxgov @kimg_atx — James O'Keefe (@JamesOKeefeIII) November 2, 2026

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