No Injury, No Standing: Texas v. Mayorkas (Public Charge)

Texas v. Mayorkas

"In September 2022, after a notice-and-comment period, the Biden administration promulgated a new Rule redefining the term ["public charge"]. In response, the State of Texas brought this action under the Administrative Procedure Act, challenging the Biden administration’s actions related to repealing the 2019 Rule and implementing the 2022 Rule. Texas has three claims. It alleges that adopting the 2022 Rule and repealing the 2019 Rule (1) exceeded statutory authority and was not in accordance with law, (2) was arbitrary and capricious, and (3) did not observe the procedure required by law. But before the Court may consider the merits, Texas must prove that it has standing to bring this case. It has not done so here. ... The burden to establish standing is always on the plaintiff, and Texas has failed to meet its burden here. Plaintiff’s Motion for Summary Judgment, (Dkt. No. 40), is DENIED, and Defendants’ Cross-Motion for Summary Judgment, (Dkt. No. 47), is GRANTED in part insofar as it is premised on Texas’s lack of standing and DENIED in part as moot as to all other parts addressing the merits. "