A Bloomberg Law article examining the shift by the U.S. Chamber of Commerce filing lawsuits challenging federal regulations to Texas features comments from LPHS partner David Coale. He notes that the 5th Circuit’s overturning of vaccine mandates and recent U.S. Supreme Court opinions that made it easier to challenge new and existing federal rules have made Texas the top venue choice for the Chamber and other industry groups. 

“The Fifth Circuit is generally inclined to construe statutes in a way that kind of reins in agencies,” he says. “Until the pandemic, even though you had a much more conservative court, I don’t really think they had a body of cases or a body of precedents that really moved the needle one way or another.”

Read the complete article here.