How many lawsuits did the state of texas file against the federal government between 2009 and 2022?

From Ballotpedia

This page includes an overview of notable multistate lawsuits filed against the federal government during President Joe Biden's (D) administration. Multistate lawsuits are legal actions involving two or more state attorneys general. As of October 8, 2022, 55 multistate lawsuits had been filed against the Biden administration. Five of these lawsuits challenged regulations established during the Trump administration.[1][2]

For information about lawsuits filed against the Trump administration from 2017 to 2021, click here.

This page contains the following sections:

• Noteworthy multistate lawsuits against the Biden administration
• List of multistate lawsuits against the Biden administration
• Multistate lawsuits by administration, 1981-2021

Noteworthy multistate lawsuits against the Biden administration

The following multistate lawsuits gained national attention in the media or became major issues in the course of a political campaign. Details on the lawsuits are organized by topic.

Coronavirus

Georgia v. Biden

• Administration action: President Joe Biden (D) issued an executive order on Sept. 9 requiring all employees of federal contractors be vaccinated against the coronavirus by Jan. 18, 2022.[3]

• Lawsuit: Seven states, led by Georgia, filed a lawsuit against Biden. The plaintiffs said the rule violated federal procurement power and was not within the federal government's authority. The case is on appeal to the United States Court of Appeals for the Eleventh Circuit.[1]

• Status: The United States District Court for the Southern District of Georgia granted a nationwide injunction on the policy on December 7, 2021. The order is on appeal to the United States Court of Appeals for the Eleventh Circuit.

• States: Georgia, Alabama, Idaho, Kansas, South Carolina, Utah, West Virginia

Louisiana v. Becerra

• Administration action: The Centers for Medicare & Medicaid Services (CMS) issued an emergency regulation on November 4, 2021, that would require vaccinations of eligible staff at healthcare facilities that participate in the Medicare or Medicaid programs.

• Lawsuit: Fourteen states, led by Louisiana, filed a lawsuit against the CMS and the U.S. Department of Health and Human Services. The plaintiffs argued the rule "exceeds CMS’s statutory authority; violates the Social Security Act’s prohibition on regulations that control the selection and tenure of healthcare workers; is arbitrary and capricious; and violates the Spending Clause, the Anti-Commandeering doctrine, and the Tenth Amendment."[1]

• Status: The United States Supreme Court granted a stay of the injunctions against the policy.

• States: Louisiana, Montana, Alabama, Arizona, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, West Virginia, Kentucky, Ohio

Texas v. U.S. Department of Labor

• Administration action: The Occupational Safety and Health Administration (OSHA) issued an emergency regulation on November 5, 2021, that would require employers with more than 100 employees to mandate vaccination or weekly coronavirus testing for employees at covered workplaces.

• Lawsuit: Five states, led by Texas, filed a lawsuit against OSHA and the U.S. Department of Labor on November 5, 2021. The plaintiffs' motion to stay argued the rule exceeded OSHA's scope of authority and its enactment violated administrative law standards.[4][5]

• Status: The United States Supreme Court reinstated a stay on the rule.

• States: Texas, Louisiana, Mississippi, South Carolina, Utah

Energy and environment

Texas v. Biden: Keystone XL pipeline

• Administration action: Biden issued an executive order January 20, 2021, that revoked the presidential permit granted to TransCanada Keystone Pipeline to construct or operate pipeline facilities between the United States and Canada.

• Lawsuit: Twenty-one states, led by Texas and Montana, filed a lawsuit against Biden and his administration on March 17, 2021. The lawsuit said the permit revocation was a regulation of interstate and international commerce and, therefore, subject to congressional not executive authority. States not directly affected by the proposed path for the pipeline said its rejection would also have a negative ripple effect on the economy of non-pipeline states.[6]

• Status: The U.S. District Court for the South District of Texas granted a federal motion to dismiss on grounds of mootness.

• States: Montana, Texas, Alabama, Arizona, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Missisippi, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, Wyoming. Alaska and Florida subsequently joined the case.

• Administration action: Biden issued an executive order on January 20, 2021, that called on agencies to account for the social cost of greenhouse emissions. "An accurate social cost is essential for agencies to accurately determine the social benefits of reducing greenhouse gas emissions when conducting cost-benefit analyses of regulatory and other actions," the executive order said.

• Lawsuit: Twelve states, led by Missouri Attorney General Eric Schmitt (R), filed a lawsuit against Biden on March 8, 2021. The lawsuit argued that the executive branch had assumed legislative power in attempting to define the social costs of greenhouse gases. The lawsuit said the Biden administration violated the separation of powers.[7]

• Status: Federal government's motion to dismiss granted, on appeal to the United States Court of Appeals for the Eighth Circuit.

• States: Missouri, Arizona, Arkansas, Indiana, Kansas, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, and Utah

List of multistate lawsuits against the Biden administration

The following table provides a list of lawsuits against the Biden administration involving two states or more. It also includes the date the action was initiated, the number of states involved, the docket or citation number, and the status of the case. This information was originally compiled by the State Litigation and AG Activity Database.[1]

This table was last updated on October 8, 2022.

Multistate lawsuits by administration, 1981-2022

The following chart compares the total number of multistate lawsuits filed against each presidential administration between 1981 and 2022, according to the State Litigation and AG Activity Database.

See also

• Joe Biden presidential transition
• Joe Biden's executive orders and actions
• Joe Biden's Cabinet
• Ballotpedia's Daily Transition Tracker

Footnotes

1. ↑ 1.0 1.1 1.2 1.3 State Litigation and AG Activity Database," accessed May 12, 2021
2. ↑ USA Today, "12 Republican state attorneys general sue President Biden over climate change order," March 8, 2021
3. ↑ White House, "Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors," September 9, 2021
4. ↑ CNBC, "Texas to challenge constitutionality of Biden administration’s new Covid vaccine mandate in lawsuit," November 5, 2021
5. ↑ Fox Business, "Federal court of appeals issues temporary halt to Biden vaccine mandate," November 6, 2021
6. ↑ NBC News, "21 Republican-led states sue Biden over Keystone XL rejection," March 17, 2021
7. ↑ USA Today, "12 Republican state attorneys general sue President Biden over climate change order," March 9, 2021

Do states have the right to sue the federal government?

Does Texas follow federal laws?

Is Texas a federal system?