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S.Res. 581: A resolution authorizing the Senate Legal Counsel to represent the Senate in Texas v. United States, No. 4:18-cv-00167-O (N.D. Tex.).

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About the resolution

If the president declines to defend the constitutionality of a federal law in court, should the opposing party in Congress do so?


20 Republican-led states, led by Texas, sued in February to overturn the Affordable Care Act (a.k.a. Obamacare).

Their argument was that the Supreme Court, in upholding the law’s constitutionality in 2012, did so on the basis that the individual mandate — the central part of the law requiring all Americans have health insurance or pay a financial penalty — was a permissible tax.

However, President Trump ...

Sponsor and status

Joe Manchin III

Sponsor. Senior Senator for West Virginia. Democrat.

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Last Updated: Jul 19, 2018
Length: 3 pages

Jul 19, 2018


Introduced on Jul 19, 2018

This resolution is in the first stage of the legislative process. It was introduced into Congress on July 19, 2018. It will typically be considered by committee next before it is possibly sent on to the House or Senate as a whole.


Jul 19, 2018

Bills and resolutions are referred to committees which debate the bill before possibly sending it on to the whole chamber.

If this resolution has further action, the following steps may occur next:
Passed Committee

Agreed To

S.Res. 581 is a simple resolution in the United States Congress.

A simple resolution is used for matters that affect just one chamber of Congress, often to change the rules of the chamber to set the manner of debate for a related bill. It must be agreed to in the chamber in which it was introduced. It is not voted on in the other chamber and does not have the force of law.

How to cite this information.

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“S.Res. 581 — 115th Congress: A resolution authorizing the Senate Legal Counsel to represent the Senate in Texas v. United ...” 2018. December 11, 2018 <>

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