A Texas appeals court has thrown out a defamation lawsuit filed by billionaire Kelcy Warren against former Democratic Congressman Beto O'Rourke. The suit stemmed from O'Rourke's criticism of a substantial campaign contribution Warren made to Texas Governor Greg Abbott. O'Rourke had characterized the $1 million donation as potentially resembling a bribe during his unsuccessful gubernatorial campaign against Abbott.

The donation in question was linked to Energy Transfer, a pipeline company chaired by Warren, which profited significantly during the devastating 2021 Texas winter storm. Warren alleged that O'Rourke's comments were intended to shame him and dissuade other potential donors from contributing to Abbott's campaign.

Chief Justice Darlene Byrne, writing for the Third Court of Appeals in Austin, argued that a reasonable observer would interpret O'Rourke's remarks as typical political rhetoric often employed during campaigns. Warren's lawyer, Dean Pamphilis, indicated their intention to appeal the decision to the Texas Supreme Court.

At the time, Governor Abbott's campaign distanced itself from the lawsuit. Abbott ultimately secured a third term in office, handily defeating O'Rourke in the election.