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Even if the appellate court found in favor of the DOJ, the department said claimants who disagree with the SSA’s decisions could sue, prompting further litigation.

Biden administration drops challenges to Social Security benefits for same-sex couples →

“But rather than forthrightly defending its law and asking this court to revisit its decisions, Texas took matters into its own hands by crafting an ‘unprecedented’ structure to thwart judicial review,” the department said. 

Justice Department asks Supreme Court to block Texas abortion law →