“At oral argument on March 26, 2003, Paul M. Smith, an experienced litigator who had argued eight cases before the Supreme Court, spoke on behalf of the plaintiffs. Texas Attorney General John Cornyn, then a candidate for the US Senate, refused to have his office argue the case. Charles A. Rosenthal, District Attorney of Harris County, represented the state.His performance was later described as “the worst oral argument in years”, but some believe his lack of preparation reflected his lack of enthusiasm for the statute he was defending.”
When the Supreme Court agreed to hear the Case, in Nov 2002, Cornyn was the Attorney General.
Could Abbott and Cruz then agree to, in retrospect, in March of 2003, argue after that decision was made by Cornyn, as Texas Attorney General, not to do so? Maybe, maybe not, I do not know the answer, I will admit.
BTW, Cruz was an underling of Abbott’s, he was not the Attorney general.
Saying Cruz “punted” is just putting spin on this.