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Texas Supreme Court Hears Arguments on Whether TCPA Covers Pre‑enforcement Challenges to SB 8
Summary
The Texas Supreme Court heard argument in Weldon v. Willow Fund over whether the Texas Citizens Participation Act (TCPA) reaches declaratory‑judgment suits challenging enforcement of Senate Bill 8. Justices pressed counsel on standing, mootness tied to attorney‑fee disputes and whether the statute’s 'based on or in response to' language requires showing a negative impact on protected rights.
The Supreme Court of Texas on Wednesday heard oral argument in Weldon v. Willow Fund, a dispute over whether the Texas Citizens Participation Act (TCPA) applies to declaratory‑judgment lawsuits that seek pre‑enforcement relief related to Senate Bill 8 (SB 8). Petitioner's counsel argued the TCPA — as amended in 2019 — reaches declaratory relief, while counsel for the respondent urged that the TCPA is an ill‑fitting procedural tool for facial constitutional challenges to a statute.
Petitioner's counsel told the court the 2019 amendments made clear that claims for declaratory relief fall within the TCPA “in the same way” as suits…
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