DOJ raises new arguments in its filing, and says the court must intervene to prevent an end run around its authority and the Constitution.
The Texas law “is clearly unconstitutional,” and the federal government “has authority to seek equitable relief to protect its sovereign interests — including its interest in the supremacy of federal law and the availability of the mechanisms for judicial review that Congress and this Court have long deemed essential to protect constitutional rights,” wrote acting solicitor general Brian H. Fletcher.