The Problems the DOJ faces with the Texas Abortion Lawsuit.

[FBaggins]

8. I see two key challenges in the current lawsuit

Clinics couldn't sue the state of Texas, but the federal government can if they can establish standing. And, of course, finding someone to sue.

That second one is (on my first reading) the tougher challenge. Making a hypothetical future person an agent of the state will make for some interesting arguments.

But standing is clearly a question mark as well (as the article notes). One of the two standing arguments is (in CNN's description):

"that the Texas ban is imposing harm on the federal personnel whose duties include securing abortion access for people in the federal government's care, because the Texas law exposes those personnel to private SB8 enforcement litigation if they help a woman obtain an abortion after six weeks."

Just a week or two ago, DOJ announced that they were sending people in to enforce FACE (a different conversation can be held on whether or not that really applies here). I think that earlier move helps establish the claim.