Constitutional Accountability Center Amicus Briefs
Amicus is the Constitutional Accountability Center, a think tank, public interest law firm, and action center dedicated to fulfilling the progressive promise of the Constitution’s text and history.
Writing in support of providers and advocates in Texas, the brief provides a historical perspective on why federal judicial review of state action designed to undermine federal rights is not only permissible, but necessary to our constitutional system. In this case, amici argue federal court review is necessary to ensure that providers and their patients do not continue to suffer the chilling effects of S.B. 8, which has made constitutionally protected abortion care unavailable in Texas.
In its brief in support of the United States, amicus argues that the United States has the power to step in and defend its sovereign interests in maintaining the supremacy of federal law over harmful and unconstitutional laws like S.B. 8. The brief explains that since the early days of the Republic, the Supreme Court has repeatedly recognized the right of the federal government to file suit to vindicate the public interest, even in the absence of a statute authorizing it to do so. Amicus argues that this Court can and should recognize the United States’ right to sue in this case.
These briefs were filed in support of two lawsuits at the U.S. Supreme Court challenging Texas’s abortion ban (S.B. 8), Whole Woman’s Health et. al. v. Jackson et. al. and United States v. Texas.