John Seago v. City of Austin and Spencer Cronk, in His Official Capacity as City Manager of the City of Austin

Citation: Not availableDocket: 03-21-00118-CV

Court: Court of Appeals of Texas; February 27, 2023; Texas; State Appellate Court

Original Court Document: View Document

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John Seago appealed a ruling from the 201st District Court of Travis County, which denied his motion for summary judgment and granted the City of Austin's plea to the jurisdiction and summary judgment motion. Seago contested the City’s budget allocation of $150,000 to organizations assisting residents seeking abortion care, arguing this funding violated Articles 4512.1 and 4512.2 of the Texas Revised Civil Statutes, which he asserted were enforceable despite the precedent set by Roe v. Wade. The City argued these statutes were unconstitutional under Roe.

After the trial court's ruling, the United States Supreme Court overruled Roe in Dobbs v. Jackson Women’s Health Organization. Following this change in law, the appellate court requested supplemental briefs from both parties regarding the impact of the Dobbs decision on the case. The City suggested that the case should be remanded for further argument based on the new legal framework, while Seago maintained that his claim for attorney’s fees remained valid and the case was not moot.

In line with the Texas Supreme Court's approach in a similar case, the appellate court decided to vacate the lower court's judgment and remand the case for the trial court to address the implications of the legal changes and any relevant factual developments. Emphasizing the significance of the legal precedent shift, the appellate court reversed the prior judgment and remanded for further proceedings, citing the interest of justice. The ruling was filed on February 28, 2023.