The filing is one step in a longer fight. Bonta's office also joined a 2024 multistate brief in Bestwall, a related Georgia-Pacific spinoff case, opposing a bankruptcy court injunction that barred injury suits against a solvent entity. On June 1, 2026, the Supreme Court denied the asbestos committee's certiorari petition in Bestwall, leaving in place the Fourth Circuit's holding that federal courts have subject-matter jurisdiction and that the debtor's solvency is not a valid jurisdictional bar. Separately, a bipartisan group of lawmakers reintroduced legislation in April 2026 that would direct courts to find Texas Two-Step filings made in bad faith. Bonta's office says the amicus coalition is bipartisan. A separate coalition led by North Carolina is also reported. The Supreme Court has not yet decided whether to hear Herlihy.
For attorneys handling mass tort or bankruptcy matters, the cert decision is the immediate trigger to watch. A grant would put the Texas Two-Step squarely before the Court, and a denial would leave the Fourth Circuit's approach in place across the circuit. The stakes extend beyond asbestos to talc and other mass torts, and the outcome could also limit how states pursue consumer and tort enforcement against companies that restructure through bankruptcy. Track the Court's conference orders, the pending congressional bill, and any new state amicus filings.