The Golden Hammer Staff Reports
Austin, January 2 – Texas Attorney General Ken Paxton applauded the Supreme Court of Texas for granting the State’s petition and directing the court of appeals to enjoin enforcement of Austin Mayor Steve Adler’s and Travis County Judge Andy Brown’s illegal local orders, which imposed a four-day shutdown of dine-in food and beverage services from 10:30 p.m. to 6:00 a.m., December 31 through January 3. Those orders came in response to local attempts to garner greater government power supposedly in response to the panic over the Chinese Coronavirus.
“We thank the Supreme Court of Texas for upholding the rule of law. Local declarations cannot order needless shutdowns in conflict with the governor’s order, and these orders demonstrated blatant contempt for the citizens and businesses of our great state,” said Attorney General Paxton. “The Court was right to end these oppressive, illegal city and county declarations and I wish every Texan and Texas business a happy and safe New Year.”
The entire Supreme Court’s Order follows:
“Without hearing oral argument, and having considered ‘Defendants Travis County and City of Austin’s Joint Response in Opposition to Plaintiff’s Application for Temporary Injunction,’ we conditionally grant the petition for writ of mandamus and direct the court of appeals to issue relief under Texas Rule of Appellate Procedure 29.3, instanter, enjoining enforcement of Travis County’s County Judge Order 2020-24 and the Mayor of the City of Austin’s Order No. 20201229-24 pending final resolution of the appeal. Our writ will issue only if the court of appeals does not comply.”
Paxton noted in his lawsuit that “County judges and mayors do not have independent authority to issue emergency orders carrying the force and effect of law as this is not one of the powers granted under section 418.108 [of the Texas Government Code].” That is the same provision under which Harris County Judge Lina Hidalgo, Montgomery County Judge Mark Keough, Houston Mayor Sylvester Turner, and some other local officials devastated the Texas economy in March with unconstitutional and illegal shutdown orders.