Texas Catastrophe Property Insurance Association v. Dan Morales, Individually and in His Official Capacity as Attorney General of the State of Texas

I agree with the majority opinion that the central question in this Section 1983 suit is whether CATPOOL is a part of the State of Texas, because a part of a state cannot assert constitutional rights against that state.1 But beyond this point, I must part from my colleagues.

The majority opinion attempts to distinguish CATPOOL from the agency auxiliaries to which the majority recognizes a state may delegate powers and functions, on the ground that CATPOOL’s member companies risk the loss of their own, private funds, and enjoy the possibility of private profit, or “augmentation.” At oral…