Under Abbott, Texas brought more than 30 lawsuits against the Obama administration in six years, including an average of one suit a month in 2010.
“I thought it would be an opportunity to work on some interesting cases, and an opportunity to get Supreme Court arguments, which are really, really hard to get if you’re not a state solicitor general,” Mitchell told The Texas Tribune.
As his deputy, Mitchell hired Oldham, today a judge on the 5th U.S. Circuit Court of Appeals. In addition to clerking at the U.S. Supreme Court, Oldham was a “The D.C. Circuit is unique in that it mostly handles cases related to the federal agencies that regulate daily life, like the Environmental Protection Agency, the Food and Drug Administration and the Securities and Exchange Commission.
Over the past century, as the world became more complicated and Congress more deadlocked, these executive branch agencies grew in number and power, and presidents of both parties increasingly turned to administrative regulation to enact aspects of their agendas. Andrew Oldham testifies at a confirmation hearing before the U.S. Senate Judiciary Committee on April 25, 2018.“The reason I argue it is illegitimate is because it is not based in the way the Constitution says law should be made,” Oldham said. “The entire existence of this edifice of administrative law is constitutionally suspect.”
Texas helped drag disputes about the legitimacy of federal agencies out of the ivory tower and into the courts, undermining Obama’s agenda by attacking the administrative state. While these legal theories gained ground in Texas, the courts weren’t quite as convinced.
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