Our Lawsuit Opposing Governor Abbott’s Authority to Unilaterally Issue Decrees Has Moved To the Texas Supreme Court
by Norman Adams on June 10, 2020 at 10:50 AM
We have hundreds of plaintiffs that agree: Governor Abbott’s COVID-19 “shutdown” orders are unconstitutional.
Our case was originally filed, as required, in a Travis County state court in April. Governor Abbott filed a plea to jurisdiction saying our case should be tried in the Texas Supreme Court. We could not agree more! Our attorney recently filed an emergency petition for writ of mandamus in the Texas Supreme Court asking them to enjoin Governor Abbott’s decrees.
Why does this matter now? Hasn’t the governor lifted the orders?
There are still unnecessary regulations on Texas businesses, schools, and churches. Those should be lifted now. But more importantly, in the future, elected leaders should adhere to our state constitution because it protects our rights and liberties as citizens of Texas. This type of forced economic recession should never happen again.
It is my hope and prayer that the Texas Supreme Court justices will base their decisions on our Texas Constitution and ignore any political influence.
The governor's orders have shed light on the fact that sections of the Texas Disaster Act of 1975 violate the Texas Constitution. Throughout his orders, Governor Abbott has repeatedly cited this law to justify “suspending laws.” According to Article I, Section 8 of the Texas Constitution, only the legislature has the authority to suspend laws, and it takes two-thirds of the legislature and a majority vote of the people.
Instead of convening our elected delegates in the legislature, Governor Abbott took it upon himself to unilaterally suspend and create laws for almost three months. This is also a violation of the separation of powers doctrine. Furthermore, Article IV, Section 8 of the Texas Constitution states “The governor may, on extraordinary occasions, convene the Legislature at the seat of government, or at a different place …in case of the prevalence of disease threat.” Why didn’t he follow the law?
Our lawsuit also argues that the governor’s orders violate the due process clause by depriving businesses, churches, and individuals of their basic rights without due process under the law.
Furthermore, by arbitrarily picking which businesses can stay open and which businesses have to shut down, the orders violate the Equal Protection Clause of our state constitution.
The legal merits of our case are explained in further detail by our attorney in our emergency petition for writ of mandamus filed in the Texas Supreme Court.
If you agree with me, please feel free to join our lawsuit.
May God bless you, and may He guide our Honorable Texas Supreme Court through their consideration of this case!