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State wants birth certificate lawsuit dropped

I don’t know about that.

Texas Attorney General Ken Paxton on Wednesday asked a federal district judge to dismiss a lawsuit that claims a state agency violated the U.S. Constitution by denying birth certificates to U.S.-citizen children of immigrant parents.

Attorneys with Paxton’s office said that the Texas Department of State Health Services, which is being sued by 17 families living in Cameron, Hidalgo and Starr counties, has sovereign immunity under the 11th Amendment and cannot be sued in federal court because it has not waived that right, according to court documents.

The immunity extends to interim DSHS Commissioner Kirk Cole and State Registrar Geraldine Harris, who are also named as defendants in the suit, Paxton’s office argues.

A spokesperson in Paxton’s office would not discuss the filing further, saying the “motion speaks for itself.” A spokesperson for the health agency was not available to comment.

See here and here for the background. This sounds specious, more like an ideological argument than a legal one, and a get-out-of-jail-free card if it’s upheld. But I’m not a lawyer, so what do I know?

[Lead plaintiffs’ attorney Jennifer] Harbury said Wednesday afternoon that her team would file a response after reading the state’s motion. The problem appears more widespread than just the families in the lawsuit, she said.

“What I know is there is a very large number of people who are afraid to come forward,” she said.

That would not surprise me. The Chron and the Observer have more.

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2 Comments

  1. Bill K says:

    I suggest that AG Paxton review Ex parte Young.

  2. M@ says:

    If Paxton is right, then they might need to file a Petition for Writ of Mandamus against the state officials who refuse to issue birth certificates.