{"id":"DUT-TX-021","kind":"duty","level":"court","jurisdiction":"Texas (United States Court of Appeals for the Fifth Circuit)","state":"TX","metro":"","industry":"","agency":"","eco":"","issuer":"United States Court of Appeals for the Fifth Circuit (Duncan, J., joined by Elrod, J.; Dennis, J., dissenting)","authority":"28 U.S.C. § 1651 (mandamus); Jacobson v. Massachusetts, 197 U.S. 11 (1905); Tex. Gov\u0027t Code ch. 418","instrument":"In re Abbott, No. 20-50264 (5th Cir. Apr. 7, 2020) (published), 954 F.3d 772","title":"In re Greg Abbott, in his official capacity as Governor of Texas, et al. (petition for writ of mandamus; GA-09)","dateIssued":"2020-04-07","effective":"2020-04-07","end":"n/a (published opinion)","startDate":"2020-04-07","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["HC","DUTY","EMER"],"addressees":["specified businesses (licensed health care professionals and facilities under GA-09); persons generally (the Jacobson standard for every emergency order)"],"clause":"The bottom line is this: when faced with a society-threatening epidemic, a state may implement emergency measures that curtail constitutional rights so long as the measures have at least some \u0022real or substantial relation\u0022 to the public health crisis and are not \u0022beyond all question, a plain, palpable invasion of rights secured by the fundamental law.\u0022","enforcement":"n/a (the order enforced carried the § 418.173 penalty recited in GA-09, Ex. TX-004)","functions":[],"notes":"The Fifth Circuit vacated a district court\u0027s restraining order against GA-09 (Ex. TX-004), held the Governor\u0027s COVID-19 order a valid exercise of the State\u0027s emergency police power under Jacobson binding on the regulated class of licensed health care providers, and described the measures States had \u0027been forced to take\u0027: \u0027states have closed schools, sealed off nursing homes, banned social gatherings, quarantined travelers, prohibited churches from holding public worship services, and locked down entire cities\u0027 (at 17). Character as recorded: adjudication (orders upheld).","sourceUrl":"https://www.ca5.uscourts.gov/opinions/pub/20/20-50264-CV0.pdf","snapshot":"","fileExists":true,"fileBytes":341647,"grade":"primary","character":"adjudication","description":"","collection":"DUT-TX","url":"/library/DUT-TX-021","exhibitUrl":"/exhibit/DUT-TX-021","citation":"United States Court of Appeals for the Fifth Circuit (Duncan, J., joined by Elrod, J.; Dennis, J., dissenting), In re Abbott, No. 20-50264 (5th Cir. Apr. 7, 2020) (published), 954 F.3d 772 (Ex. DUT-TX-021)","stateName":"Texas","related":["TX-004","TX-047","TX-044","TX-046"]}