Texas asserts sovereign immunity against Congress
Attorney General Ken Paxton's office says that as a state with sovereign powers under the Constitution, Texas can't be treated like a federal agency or Cabinet secretary who can be compelled to comply. (Associated Press)
Texas is objecting to Democrats’ requests for documents probing the state’s efforts to clean up its voter rolls, and documents detailing the state’s efforts to protect faith-based adoption and foster care providers against an Obama-era rule about working with same-sex couples.
The clash could break new legal ground.
Ken Cuccinelli, a former Republican attorney general in Virginia, said he never encountered the situation during his time in office, but he added that two constitutional principles are at stake: the sovereignty of states and the supremacy clause, which gives the federal government an edge in clashes with states.
He said Texas makes a strong case in its letters for why it will prevail.
“Congress doesn’t get to do oversight over states — period. Nor can they compel action by state officers,” he said. “If I were a betting man, I’d take Texas and give two touchdowns on this one.”
Josh Blackman, a professor at the South Texas College of Law in Houston, said the House committees have issued requests only for documents. Things will get more complicated if either committee feels strongly enough to approve subpoenas.
Mr. Blackman said Texas could try to head that off by suing first, picking a court in Texas and asking for a temporary restraining order against having to turn over any documents while the state argues its case that its officers aren’t subject to federal demands.
He said prior Supreme Court cases have held that Congress can’t “commandeer” a state to enact laws, nor can it force state officials to perform tasks such as run background checks on firearms purchases.
https://m.washingtontimes.com/news/2019/may/16/texas-asserts-sovereign-immunity-against-congress/