Add section titled: Recent Cases Involving Texas (From Libre Text and minor updates from me)
In the past several decades Texas has been a leader in pushing back against encroachments of the national government. The degree of activity varies depending upon whether the occupant of the White House is a Republican, who is likely to share the state’s restrained views on the role of government in the economy, or a Democrat, who is more likely to see an expanded role.
During the Obama Administration, Texas was active in using the federal courts to challenge the constitutionality of laws and executive orders issued. The Texas attorney general Ken Paxton is responsible for making the decision to pursue and organize legal challenges. Greg Abbott held the position until becoming governor after the 2014 election when he was replaced by Ken Paxton. Together they sued the Obama Administration forty-eight times in federal court, and they are allowed to do in the U.S. Constitution.
These include challenges to the Affordable Care Act (referred to as Obamacare) and the Clean Power Plan, and opposition to a policy extending spousal benefits to same sex couples. Texas also sued the Obama Administration to support its voter ID laws and redistricting plans. After a period of calm during the Trump presidency, conflict was up with Joseph Biden in the White House, where approximately 100 lawsuits were filed regarding EPA regulations, border security, voter data, federal authority, etc. In 2025, some of the lawsuits involved disability rights/gender dysphoria, religious freedom...
This page titled 2.5: Recent Federalism Cases involving Texas is shared under a CC BY-NC-SA 4.0 license and was authored, remixed, and/or curated by Andrew Teas, Kevin Jefferies, Mark W. Shomaker, Penny L. Watson, and Terry Gilmour (panOpen) via source content that was edited to the style and standards of the LibreTexts platform.