Opinion, Greg Abbott v. City of San Antonio and Bexar County, No. 21-1079, vacating the court of appeals' judgment and dissolving the temporary injunction

The record

Jurisdiction

Supreme Court of Texas · San Antonio · Texas

Level

Court

Authority

Tex. Gov't Code ch. 418 (Texas Disaster Act of 1975)

Issued

2023-06-30 June 30, 2023

Effective

2023-06-30 (mandate August 11, 2023) (read as 2023-06-30)

End

n/a

In force

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

Limitation types

Other

Functions reached

• injunction history

Collection

San Antonio MET-SAT

Operative words

Beginning in April 2020, San Antonio Mayor Ron Nirenberg, Bexar County Judge Nelson Wolff, Bexar County Health Authority Junda Woo, and San Antonio City Manager Erik Walsh 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 then temporarily enjoined the Governor and others from enforcing GA-38 to the extent that such enforcement would interfere with the local officials' authority to require masks in government-owned buildings and schools. City of San Antonio v. Abbott, No. 2021CI16133 (Aug. 16, 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 That injunction, which bound the Governor and others who would enforce GA-38, was automatically superseded by the State's appeal.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 reinstated the temporary injunction pending appeal... Again, this Court stayed temporary relief... None of the injunctions issued by the lower courts has been enforceable during the pendency of this appeal... the judgment of the court of appeals is vacated, the temporary injunction is dissolved, and the case is remanded.

Notes