In re Greg Abbott (Per Curiam)Annotate this Case
The Supreme Court conditionally granted mandamus relief to the State seeking review of a temporary restraining order (TRO) blocking enforcement of Executive Order GA-13, which changes the rules applicable to judges' decisions regarding pre-trial bail, against judges, holding that the trial court lacked jurisdiction to order the judges' requested relief, even temporarily.
GA-13 suspends certain statutes authorizing trial judges to release jail inmates with violent histories during the state of disaster due to the threat of the novel coronavirus. Plaintiffs alleged that GA-13 is unconstitutional and exceeds the governor's statutory emergency powers. Sixteen of the plaintiffs were Texas trial judges alleging that GA-13 improperly interferes with their judicial authority to make individualized bail decisions, and the other plaintiffs were public interest organizations and lawyer associations. The trial court issued a TRO blocking enforcement of GA-13 against judges. The Supreme Court conditionally granted mandamus relief, holding that the alleged threat of a criminal prosecution in this case did not give the judges standing to seek the invalidation of GA-13, and therefore, the trial court lacked jurisdiction to order their requested relief.