Justice Department officials accused Texas of acting “in open defiance of the Constitution.”
), the DOJ has now stepped in with a different approach to combat the state’s “open defiance of the Constitution”—suing Texas directly. It put forth several different reasons the federal government has standing to litigate this case, and how a court could block S.B. 8 without running into a procedural roadblock.
Under the doctrines of preemption and intergovernmental immunity, a state cannot interfere with the duties of the federal government, including federal contractors. Yet S.B. 8 would prohibit the government from carrying out these programs within Texas wherever they facilitate abortion. So the Justice Department has a very strong argument against the measure insofar as it hampers the United States’ own obligations. As the lawsuit puts it, S.B.
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