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Here's Why Ted Cruz Fought to Keep Sex Toys Illegal in Texas I would note that the author does not agree with the ban and Cruz’s arguments for not having it overturned (the author, Damon Root it would seem supports Roe v. Wade and Obergefell v. Hodges) he also correctly points out that this was a 14th Amendment case.

“This is all fun stuff and will no doubt lead to some very clever jokes on The Daily Show. But there were also some very serious legal questions at stake. Namely, what limits does the U.S. Constitution place on the legislative power of state governments, and what role do federal judges play in enforcing those limits? Related to that, what sort of unenumerated rights (if any) are protected from state infringement by the 14th Amendment?”

“The 14th Amendment is not a limitless fount of unwritten rights and it is not a blank check authorizing federal judges to overturn every state law they happen to find obnoxious or outdated. The states have always enjoyed broad authority to regulate in the name of health, safety, and public morals (so the argument goes) and the sex toy ban falls squarely within the scope of that longstanding state police power. If the people of Texas don't like the law, they should take their complaint to the ballot box, not to the federal courthouse.”

The author, being a Libertarian makes an argument in this case in support of the federal courts saying: “The police power of the states is not unlimited and unless the legislation at issue serves a legitimate public health or safety purpose, the law should not be allowed to stand when properly challenged in federal court.”

Isn’t this what Solicitor Generals are supposed to do?Present their state’ms case in court?

Evidently not according to Mother Jones which is the original source for the article.