Texas Attorney General Ken Paxton has argued that the federal government does not have the right to sue over the law.
Critics have said this enforcement mechanism is designed to make it difficult for courts to strike down the law. Acting Solicitor General Brian H. Fletcher made that argument in his brief on behalf of the federal government.
Fletcher wrote that S.B.8 was a"brazen attack on the supremacy of federal law because S.B. 8's unprecedented structure leaves the federal judiciary powerless to intervene."A group of abortion providers led by Whole Woman's Health are bringing their own challenge to the law, writing in their brief that,"Sanctioning Texas's cynical strategy here would invite S.B. 8-like limitations throughout the country.
Texas Attorney General Ken Paxton, a Republican, submitted a single brief in response to both suits. He argued that the federal government and abortion providers do not have the right to sue in this way.
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