Even though there are signs the COVID-19 omicron variant is loosening its grip on Texas the raging fight over who has the right to issue mask mandates continues.
In court pleadings filed Monday morning the argument has evolved less into a fight over masks but more over who has the right to make orders.
In papers filed by Dallas County Judge Clay Jenkins this morning, Dallas County is asking the Texas Supreme Court to side with the Texas Legislature and not Governor Greg Abbott.
This fight goes back to when the Delta variant was cominant and Governor Abbott declared that there could be no mask mandates. He even went further to say no political body could contradict him.
Judge Jenkins immediately issued a mandate for Dallas County and the fight was on.
Jenkins is claiming the Texas legislature gave both the Governor and local officials certain powers during an emergency and that nowhere did the legislature say the Governor has a right to preempt local officials.
The Governor disagrees, saying as the state's top elected official he has that ability.
The Texas Supreme Court has been waiting for this filing, and other cases from around the state. They will be consolidated and a date for arguments will soon be set.
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