Reflections on Texas as a Defendant
As many news outlets report, and as Josh discusses below, the United States has now filed a suit against the state of Texas in federal court, seeking to enjoin the state and its agents from enforcing SB 8. Josh notes a number of possible procedural problems the suit may face, and while I do not think it will be smooth sailing, I think he underestimates how many of those problems are solved by a suit by one sovereign against another.
Let’s start with a piece of common ground. Thanks to precedents like United States v. Texas (1892), I think we all agree that the United States can
Article from Latest – Reason.com