The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Defendant, the State of Texas, is a State of the United States. The State of Texas includes all of its officers, employees, and agents, including private parties who would bring suit under S.B. 8.
And the prayer for relief states:
WHEREFORE, the United States respectfully requests the following relief:
a. A declaratory judgment stating that S.B. 8 is invalid, null, and void;
b. A preliminary and permanent injunction against the State of Texas—including all of its officers, employees, and agents, including private parties who would bring suit under S.B. 8—prohibiting any and all enforcement of S.B. 8;
This suit resembles another suit in which the United States and Texas were parties. In 2018, Texas sued the United States over the ACA. The state argued that the federal government enforced an unconstitutional mandate. The Supreme Court held that the federal government did not actually enforce the mandate; thus, there was no way to redress the alleged injuries.
Now, the United States has sued Texas over a law it does not enforce; and, once again, there is no way to redress the alleged injuries. Indeed, when I read California v. Texas, last June, I thought to my self, "huh, this will make it much harder to challenge S.B. 8." And so it will.
I will have more to say about the complaint in another post.