On Sunday, virtually every news organization in America reported that the Texas Supreme Court had upheld Governor Greg Abbott’s mask ban. No, the Court only ruled on a request for an emergency stay of an appellate court ruling that would have allowed schools to make masks mandatory.
The New York Times reported, The Texas State Supreme Court upholds the governor’s mask-mandate ban, for now.
The governor of Texas can ban mask mandates, at least for now, after the State Supreme Court sided with the state on Sunday, granting a request for an emergency stay of an appellate court ruling that would have allowed schools to make face coverings mandatory.
The decision is temporary, lasting only until the State Supreme Court, whose justices are elected and are currently all Republicans, makes a final ruling.
The Texas Supreme Court just ruled against Gov. Greg Abbott’s request to block Travis County’s mask mandate in a brief order. Texas Supreme Court temporarily allows school mask mandates to remain:
The Texas Supreme Court has dismissed Texas Attorney General Ken Paxton and Gov. Greg Abbott’s request that it disallow mask mandates in Texas school districts — albeit on a technicality.
The Supreme Court’s order Thursday temporarily allows school districts to require face masks because it leaves in place previous temporary restraining orders issued by a Travis County judge, whom Paxton wanted the high court to overrule. Justices cited a provision that typically requires matters to go to an appellate court before it reaches the state’s highest civil court.
I’m sorry? The Texas Attorney General did not know Rules of Civil Procedure 101 from law school?
State District Judge Jan Soifer issued temporary restraining orders against Gov. Greg Abbott’s ban on mask mandates, clearing the way for Harris County and eight school districts to enact their own mask-wearing rules. Soifer also barred Abbott from enforcing his order “against Texas independent school districts.” Abbott, who is vaccinated, tested positive for the coronavirus Tuesday but is not experiencing any symptoms.
In the past two weeks, Abbott and Paxton have sought to stem the tide of cities, counties and school districts challenging the governor’s pandemic executive order and putting their own mask mandates in place. Paxton’s office argued to the state’s Supreme Court that the patchwork of local mask mandates was causing “mass confusion” in Texas.
While Abbott and Paxton have had a few legal victories in temporarily removing some mask mandates, those victories have been short-lived. The high court has allowed the many legal challenges to continue playing out.
The Texas Education Agency earlier on Thursday said that Gov. Greg Abbott’s (R) executive order banning local mask mandates in schools will not be enforced as it faces legal challenges from multiple districts. Texas won’t enforce ban on school mask mandates amid litigation, agency says:
The agency, which oversees primary and secondary public education in the Lone Star State, said in a public health guidance that the provisions of Abbott’s school mask mandate ban “are not being enforced as the result of ongoing litigation.”
“Further guidance will be made available after the court issues are resolved,” the agency added.
This is happening With more than 12,700 Texans hospitalized with COVID-19, the state is nearing its previous pandemic peak.