Texas Supreme Court Temporarily Suspends Local Mask Orders in Two Counties

Sign up for The Brief, our daily newsletter that keeps readers up to date with the most essential Texas news.

The Texas Supreme Court on Sunday temporarily blocked mask warrants in Dallas and Bexar counties, marking a pivotal moment in the state-local government clash as coronavirus cases and hospitalizations increase in the United States. Texas.

The move comes after several school districts and a handful of counties across the state defied Gov. Greg Abbott’s executive order that prohibited local entities from instituting mask warrants. San Antonio’s 4th Court of Appeals on Friday upheld a lower court ruling allowing Bexar County to require masks to be worn in public schools. Shortly after, the 5th Dallas Court of Appeals upheld a more far-reaching order from Dallas County Judge Clay Jenkins that required masks in public schools, universities and businesses.

In a mandamus petition to the Texas Supreme Court, the office of Texas Attorney General Ken Paxton said the Texas Disaster Act of 1975 gives the governor the power to act as “commander-in-chief. Of the state’s response to a disaster. Lawyers representing cities and counties that have sued Abbott for his executive order have argued that his ordinances should not replace local ordinances.

“May this decision remind all ISDs and local officials that the Governor’s order is upheld,” Paxton said in a Sunday tweet after the decision.

Abbott’s response to the decision was less pointed, stating that his decree does not ban the wearing of masks.

“Anyone who wants to wear a mask can do so”, Abbott said in a tweet.

Fueled by the highly contagious delta variant, hospitalizations have increased statewide at a faster rate than at any time during the pandemic. Less than half of the state’s population is fully vaccinated.

Jon Taylor, professor of political science at the University of Texas at San Antonio, said it was “by far” for the state Supreme Court to go against Abbott’s executive order.

“The Supreme Court in general, especially with a Supreme Court that is Republican at 9-0 at the moment, I think it was going to be difficult to see them oppose the Governor for something that is considered his legal right. to do at this point. period, ”Taylor said.

Dale Carpenter, professor of law at Southern Methodist University, said the ruling meant “the handwriting is on the wall” for other school districts and counties who also approved mask requirements, and it’s likely Abbott and Paxton will repeat the same legal maneuvers they made with Dallas and Bexar counties.

Greg Casar, Austin City Council Member, said in a tweet on Sunday that a mask requirement for Austin ISD is still in place despite the Supreme Court ruling.

“It’s about keeping our children in school and out of the hospital,” Casar said.

Meanwhile, President Joe Biden hinted last week at the possibility of the federal government intervening in states that have banned mask warrants.

Recently, the U.S. Centers for Disease Control and Prevention released guidelines recommending universal masking for students and school staff. With children 12 and under not yet cleared to receive the vaccine, some teachers and parents in Texas have expressed concern that not imposing mask requirements could help spread the virus across the country. start of the school year.

This has led some of the state’s largest school districts – Austin ISD, Dallas ISD, and Houston ISD – to demand masks, despite Abbott’s order.

On Friday, a judge granted temporary permission to Harris County and several other Texas school districts to implement mask requirements. A Tarrant County judge, meanwhile, granted a temporary order preventing Fort Worth ISD from requiring masks after four parents filed for a restraining order against the district, according to the Fort-Worth Star Telegram.

Disclosure: Southern Methodist University and the University of Texas at San Antonio have financially supported The Texas Tribune, a nonprofit, non-partisan news organization funded in part by donations from members, foundations and corporate sponsors. Financial support plays no role in the journalism of the Tribune. Find a full list of them here.

Join us September 20-25 at the Texas Tribune Festival 2021. Tickets are on sale now for this multi-day celebration of big, bold ideas on politics, public policy and the day’s news, hosted by award-winning journalists of the Texas Tribune. Learn more.