With A Democrat In The White House, Look For More Lawsuits From Texas

The state is likely to sue the Biden administration over immigration, as well as continuing its legal challenge of the Affordable Care Act.

By Jill Ament & Shelly BrisbinJanuary 19, 2021 3:01 pm, , ,

When Gov. Greg Abbott was Texas’ attorney general during the Obama administration, Abbott used to say about his daily routine: “I go into the office, I sue the federal government and I go home.” And with a new Democratic president due to take office on Wednesday, Texas is likely to maintain a similar posture when it comes to litigation.

Ben Wermund is a Washington correspondent for the Houston Chronicle. He’s been writing about how Texas is gearing up for a new crop of lawsuits against the Biden administration. Wermund told Texas Standard that some Texas lawsuits will address longstanding issues between the state and federal government.

For one thing, Texas Attorney General Ken Paxton is likely to pursue further legal action against the Deferred Action for Childhood Arrivals, or DACA, program.

“The state sued Obama way back in 2014 when [DACA] first came about,” Wermund said. “That lawsuit still exists.”

Biden is expected to unveil a new immigration proposal this week.

Texas has also challenged the Affordable Care Act in a case that could be headed for a Supreme Court ruling. Wermund said an unfavorable ruling for the ACA would create a “mess” for the Biden administration.

The Texas Public Policy Foundation, a conservative think tank, supports the state’s legal actions against the incoming Biden administration. Wermund says the group has discussed beefing up its own litigation staff.

“They’re really focused on executive actions, and challenging those,” he said.

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