A new crop of Texas-led lawsuits await the Biden White House


WASHINGTON – President-Elect Joe Biden has big plans for his first 100 days in office when he vowed to roll back the Trump administration’s immigration crackdown, push policies addressing climate change and thousands of Americans You can forgive student loans for

He also said that he would pursue a masked mandate to counter COVID-19 and wanted Congress to pass another massive stimulus package. And over the long term, Biden has talked of rewriting the tax code to raise taxes on the rich.

Texas is sure to fight him in every way.

The state is about to return to the front lines struggling against the federal government, a long tradition for its Republican leaders, from former government Rick Perry to Gov. Greg Abbott – who is noted as the state’s attorney general. ” I go into it. Office, I sue the federal government and I go home. “

Abbott’s successor, Attorney General Ken Paxton, As committed by Democrats back to federal laws and mandates. Recently he led a failed trial in the US Supreme Court in an attempt to reverse Biden’s victory in four battlegrounds. Paxton did not respond to a request for comment.

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As Biden takes office next week, many expect the Clean Power Plan to sue the Obama administration dozens of times to stop scrap protection and initiatives for migrants illegally brought into the country as children It should be discarded later. Affordable Care Act.

The conservative Texas Public Policy Foundation – which challenged Obamacare that Paxton joined and is now before the Supreme Court – is beginning to face challenges to the White House’s priorities about immigration, energy and taxes is.

“On the eve of the election we were discussing internally, ‘Well, what if Biden wins?” Chuck Devore, Vice President of National Initiatives at TPPF, said one thing that everyone had agreed on a lot is that maybe our litigation center will grow in size. “We’re excited about it.”

Robert Heineke, general counsel at TPPF, would not say whether the group’s legal staff grew up as expected, but did say they were ready for the fight ahead because they expected the Biden administration to “where the Obama administration left it.”

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Texas will also.

Henneke said, “Litigation challenging unconstitutional action from the Biden administration will be a central issue.” “Where the new administration tries to go beyond the limits of those powers, where it is delegated powers, or does not enforce policies and rules supported by data and science, I hope we can make those kinds of policies The challengers will be prominent. ”

Here is a preview of emerging legal battles.

Affordable Care Act

The state, along with the TPPF, is suing to abolish the Affordable Care Act – which Biden said he wants to strengthen – in a case that was heard by the Supreme Court last year and decided on any given day Can do.

A decision in favor of Texas, which does not appear to be possible, could nevertheless set off a major road in Biden’s first months in office and would govern Congress an early test of his ability to navigate his party – but where Many Democrats want health care options for Obamacare now offers.

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Texas is headless in the nation and nearly 1.3 million Texans signed for Affordable Care Act health plans in November, a 15 percent jump from the previous year.

Definitive action for children’s history

Texas is still challenging Obama-era deferred action for the Childhood Arrivals Program, which the Supreme Court barred President Donald Trump from ending.

Biden has said that he will work to save it. The case is before Judge Andrew Hahn, a conservative federal district court in Houston, who has said he believes DACA to be enacted by Obama is unconstitutional.

The Biden administration, meanwhile, is expanding the program. Earlier this month, Vice-President Kamala Harris said the administration was planning to pursue a comprehensive immigration bill that would, among other things, give green cards to those protected by DACA.

ASYLUM and boarder

Immigration is a fixed point in the early years of the Biden administration. Biden has said he wants to undo most of Trump’s strict immigration policies, including his asylum policies, which require thousands of migrants to await hearings in Mexico.

But his advisers have warned Biden in recent weeks that he may not be there on day 1 as he promised, as he fears it may lead to another boom in migration to the border.

“The timeline is there to do it so that we don’t, in fact, make it worse,” Biden said in December.

Some Texans, including US Rep. Henry Cuellar, a Laredo Democrat, are calling on Biden to quickly finish the construction of the border wall. In December, Cuellar urged the incoming president to cancel all federal construction contracts and dismiss all condemnation suits.

Energy

Biden has chosen a team of progressivists on the issue of climate change and will have control over both houses of Congress, which gave him a shot at moving the country away from fossil fuels to an extent, more than the efforts of previous presidents is.

Texas led 25 states to block Obama’s Clean Power Plan, which sought to combat climate change by reducing carbon emissions at existing power plants.

And when the Trump administration rescinded that plan, the TPPF sued its replacement, arguing that the Environmental Protection Agency did not have the power to regulate emissions.

“A large number of states and environmental groups have sued to challenge the rule, saying it is not enough. Henke said that we were the only conservative group to challenge the authority, which challenged the EPA to regulate that type.

This case now precedes the DC circuit, and a decision for TPPF could complicate Biden’s efforts.

Taxes

Biden says he wants to rewrite the tax code passed by Congress in 2017 to increase Trump tax cuts and tax on corporations and the rich.

The Tax Republic of the Woodlands – Texas Republicans, including The Woodlands’ top Republicans – the House Ways and Means Committee that wrote the tax bill – are likely to fight that effort in Congress.

But DeVore said he specifically focused on one element of the tax code that Biden is likely to target – and that may be overlooked in Texas, where there is no state income tax.

The 2017 tax bill set a $ 10,000 cap on federal deductions, which can be claimed by those paying state and local taxes. Texas has gained an edge in wooing businesses from states like California and New York, says DeVore, whose leaders were used to writing off too much of the state’s income taxes. Removing the cap, DeVore argues, would be a blow to Texas economic development efforts.

Civil rights

If the Obama years are any guide to other federal agencies like Biden’s administration, the Department of Justice and the Department of Education, his efforts to enforce civil rights laws under Biden are likely to be beefed up – for lawsuits in Texas Was a fertile region. .

The state allowed schools to sue to circumvent Obama-era regulations to allow transgender students to use bathrooms to conform to their gender identities. Texas sued the requirements, among other things, to give some same-sex couples the benefit of the work.

But a civil rights-focused federal government could also target Texas, especially as the state Legislature prepares to redraw congressional districts – a process that almost always ends in court – and voting restrictions. Prepares to harden. The Obama administration’s Justice Department sued Texas’ Congressional Map and in 2013 challenged the state’s voter ID laws.

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