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Greg Abbott, in His Official Capacity as Governor of Texas, and Ken Paxton, in His Official Capacity as Attorney General of Texas v. Point Isabel Independent School District
Citation: Not availableDocket: 13-21-00283-CV
Court: Court of Appeals of Texas; January 31, 2023; Texas; State Appellate Court
Original Court Document: View Document
Greg Abbott, as Governor of Texas, and Ken Paxton, as Attorney General of Texas, appeal a temporary injunction granted to Point Isabel Independent School District (PIISD) by the 444th District Court of Cameron County. The appeal raises two main issues: (1) whether the trial court abused its discretion and exceeded its jurisdiction by granting the injunction, and (2) whether the trial court erred in implicitly denying the appellants' plea to the jurisdiction. The central question is whether Governor Abbott has the authority under the Texas Disaster Act to issue an executive order that prevents PIISD from mandating face coverings for students and staff. The appeal is fully briefed, with the Texas Supreme Court having granted petitions for review in three related cases, which will be argued on February 22, 2023. These cases are significant as they may provide guidance on the legal issues at stake. In light of this, the Court of Appeals has decided to abate the appeal until the Texas Supreme Court issues its opinions on these related cases. The appeal is removed from the active docket, and the appellants are instructed to file a motion to reinstate it once the Supreme Court's opinions are available, along with supplemental briefs to address any impacts from those opinions. The timeline for supplemental briefs is set at twenty-one days for the appellants and fourteen days for the appellee after reinstatement. The order was delivered on February 1, 2023.