TX argues DOJ can't sue over SB8 because it stimulates interstate travel

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Jacqueline Thomsen
@jacq_thomsen
In a new court filing, Texas argues DOJ can't sue over SB8 in part because the law is "stimulating rather than obstructing interstate travel" as women have to leave the state to obtain abortions.

Doc: https://storage.courtlistener.com/recap/gov.uscourts.txwd.1146510/gov.uscourts.txwd.1146510.43.0.pdf…
Moreover, even if Debs had created a cause of action, it would not apply where “there is . . .
no factor of interstate commerce.” Solomon, 563 F.2d at 1129. “Where . . . there was no basis on which to claim that interstate commerce was obstructed by a denial of civil rights in violation of some congressional enactment, four courts have held that the government lacks nonstatutory authority to sue.” Id. at 1128.

In this case, the federal government does not bring a commerce claim, nor does it cite any
actual evidence that the Texas Heartbeat Act burdens interstate commerce. Cf. ECF 6-1 at 27 (citing unverified allegations from the complaint, which cannot support a preliminary injunction). What evidence that does exist in the record suggests that, if anything, the Act is stimulating rather than obstructing interstate travel. See ECF 6-8 ¶¶ 10–11 (noting increase in Texas women traveling to Oklahoma); id. ¶¶ 19–20 (same for Kansas). In any event, an intrastate regulation of medicine is not
7:45 AM · Sep 29, 2021