Supreme Court of Texas Sides with Governor Abbott



Supreme Court Sides with Governor Abbott over GA-13


The Governor is batting 1000 on attacks to his Executive Order GA-13 which set aside certain bail laws during the pandemic.  Various plaintiffs groups have now asked three different court's to set aside the order.  The United States District Court for the Southern District of Texas refused to do so.  The Texas Court of Criminal Appeals refused to do so.  Now the Supreme Court of Texas has refused to do so as well.

The case was decided on the issue of Standing.  The Supreme Court of Texas held that the plaintiffs did not have authority to sue over Exeuctive Order GA-13.  

Quotes from the opinion-

"All of us in the judiciary should do what is in our power to make the court system continue to work as promised for all parties during these difficult times. But a desire for the legal system to operate efficiently does not confer standing to sue to make it so.
                       * * * *
The trial court therefore lacked subject-matter jurisdiction to issue a temporary restraining order in their favor. Because temporary restraining orders are not appealable, the Governor and Attorney General have no remedy by appeal. In re Office of Attorney Gen., 257 S.W.3d 695, 698 (Tex. 2008) (per curiam). And because of the exigent circumstances, this case should be decided quickly. Accordingly, pursuant to Texas Rule of Appellate Procedure 52.8(c) and without hearing oral argument, we conditionally grant mandamus relief and direct the court to withdraw its temporary restraining order. We are confident that the trial court will comply, and the writ will issue only if the trial court fails to do so."

To see the Opinion CLICK HERE.

Texas Lawyer Story- CLICK HERE.

Texas Tribune story- CLICK HERE.

Fox29 San Antonio story- CLICK HERE.

Houston Public Media- CLICK HERE.

Law 360 Article- CLICK HERE.

AG Press Release- CLICK HERE.

Houston Chronicle- CLICK HERE.

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