AUSTIN (Talk1370.com) -- The Texas Supreme Court has denied a request from Attorney General Ken Paxton seeking to stay temporary restraining orders issued by a Travis County District Court judge earlier this week.
The court rejected Paxton's request Thursday afternoon on procedural grounds, with the challenge needing to go through the Third Court of Appeals first.
The temporary restraining orders were issued Sunday by Judge Jan Soifer in the 345th District Court in Travis County. The orders allow Harris County and eight school districts across the state to mandate masks, along with blocking Texas Gov. Greg Abbott from enforcing his executive order banning mask mandates "against Texas independent school districts."
According to a list compiled by Paxton's office, nearly 60 school districts across the state and eight counties have enacted some form of mask mandate. Paxton has argued the local orders, which conflict with Abbott's Executive Order GA-38, are causing "mass confusion" and that the Texas Disaster Act provides the governor the power to block the local mandates.
In a separate case, the state's Fourth Court of Appeals on Thursday upheld a temporary injunction issued Monday by Judge Antonia “Toni” Arteaga that allows the City of San Antonio and Bexar County to enact mask mandates in city and county owned buildings and in public schools. Pending an appeal to the state Supreme Court, that injunction could remain in place until the lawsuit goes to trial on Dec. 13.
Sunday, the state Supreme Court issued a stay on a temporary restraining order issued by Arteaga in the case; the injunction Monday followed the first court hearing to be held. The state's highest civil court also issued a stay on a restraining order in Dallas County; that case is scheduled for a hearing next week.
“Of course, they will appeal it to the [Texas] Supreme Court, and we may not do so well there, but a good victory today by the 4th Court of Appeals, holding the temporary injunction against the governor,” said Bexar County Judge Nelson Wolff.
Also on Thursday, the Texas Education Agency revised its health guidance for the state's public schools, once again requiring districts to notify teachers, staff, students, and their families of positive COVID-19 cases in classrooms or in extra-curricular activities. The TEA also said it will not issue further guidance on mask mandates in schools until legal issues surrounding Abbott's executive order are resolved, with the agency saying it is not enforcing the order due to the ongoing litigation.