TEMPLE, Texas — The Texas Supreme Court granted stay orders against temporary retraining orders by courts of appeals in San Antonio and Dallas on Sunday. Those restraining orders would have allowed mask mandates despite the governor’s executive order prohibiting them. A political science expert told 6 News, the fact that the case got this far is a point for the governor.
Gov. Greg Abbott's Executive Order 38 stripped away the last remaining powers for local counties, and had already taken away the option to require masks at school districts. As COVID-19 case numbers rose, county judges and some school districts decided to require them anyway.
Then, court documents state, "trial courts across the State of Texas have issued at least three temporary restraining orders preventing Gov. Greg Abbott from enforcing Executive Order GA-38, which prohibits local government entities from requiring individuals to wear face coverings."
The Fifth District of Texas Court of Appeals sided with Dallas County Judge Clay Jenkins, against the governor, stating in an opinion, "applying the plain language of the Texas Disaster Act, we conclude Judge Jenkins demonstrated a probable right to relief that the Governor’s power to suspend certain laws and rules under section 418.016(a) does not include the power to suspend the Act’s grant of authority to mayors and county judges to declare and manage local disasters under section 418.108."
The governor is using authority under his disaster declaration to suspend laws. However, Sec. 418.016. of the Texas Government Code provides this power to suspend laws only, "if strict compliance with the provisions, orders, or rules would in any way prevent, hinder, or delay necessary action in coping with a disaster."
Of course, using executive orders to prevent school districts or counties from having any power to require masks, or take other measures, does not help Texans "coping with a disaster," according to that court's reasoning.
Sunday, however, the Texas Supreme Court halted this ruling, leaving the authority to require masks up in the air. Texas A&M Central Texas Professor Jeffrey Dixon told 6 News that the mere fact the court made this decision is a point in the governor's favor.
"That means the court must have decided two things," Dixon said. "The governor would have to have proved to the court that they, one, have a substantial likelihood of being successful at trial, and two, that their will be irreparable harm if the temporary order is not granted."
Dixon said the Texas Supreme Court issued the stay without any recorded dissent which is a good sign for the governor. He also points out, every member of the Texas Supreme Court is in the same party.
"The governor appealed to the Texas Supreme Court which has nine republicans out of nine appointees and is likely to rule on his behalf," Dixon said.
Dixon said the court will hear arguments for and against by the governor and local entities and will render a verdict and opinions afterwards.