Opinion, Abbott v. Jenkins, No. 21-1080 (Tex. June 30, 2023) (vacating the court of appeals' judgment and dissolving the temporary injunction)

The record

Jurisdiction

Texas (Supreme Court of Texas) · Dallas-Fort Worth · Texas

Level

Court

Authority

Tex. Gov't Code ch. 418

Issued

2023-06-30 June 30, 2023

Effective

2023-06-30

End

n/a

In force

June 30, 2023 (no end date recorded; counted as in force for 120 days)

Limitation types

Courts and public offices

Addressees

• Governor Abbott; Dallas County Judge Jenkins

Functions reached

• chronology

Collection

Dallas-Fort Worth MET-DFW

Operative words

Beginning in April 2020, Dallas County Judge Clay Jenkins issued various orders requiring masks in certain circumstances. In July 2021, the Governor issued executive order GA-38, which prohibited local officials from requiring masks... The district court issued a temporary restraining order prohibiting enforcement of GA-38, which this Court stayed. In re Abbott, No. 21-0686 (Tex. Aug. 15, 2021) (order). The district court then temporarily enjoined the Governor and others from enforcing GA-38 to the extent that such enforcement would interfere with Judge Jenkins' authority to require masks in Dallas County. Jenkins v. Abbott, No. DC-21-10101 (Aug. 25, 2021) (order granting temporary injunction). That injunction, which bound the Governor and others who would enforce GA-38, was automatically superseded by the State's appeal. TEX. R. APP. P. 29.1(b). The court of appeals affirmed the temporary injunction... None of the injunctions issued by the lower courts has been enforceable during the pendency of this appeal... the Governor allowed GA-38 to expire in response to the enactment of Senate Bill 29

Enforcement

Notes