ABBOTT v. FORT BEND COUNTY (2023)

Supreme Court of Texas.

Greg ABBOTT, in His Official Capacity as Governor of Texas, Petitioner, v. FORT BEND COUNTY, Respondent

No. 22-1056

Decided: June 30, 2023

Todd Dickerson, Brent Webster, Houston, Shawn Cowles, Atty. Gen. W. Kenneth Paxton Jr., Christopher Hilton, S. Grant Dorfman, Bellaire, Benjamin L. Dower, Allison Collins, for Petitioner. Katrina LeVert, Bridgette Smith, David Jay Campbell, Dallas, Kevin T. Hedges, Houston, for Respondent.

This case concerns the division of power between the Governor and local officials during the response to the coronavirus pandemic. Fort Bend County sought and received a temporary injunction against enforcement of a gubernatorial executive order that prohibited local mask-wearing requirements. The court of appeals affirmed the temporary injunction, and the State petitioned for review.

In light of our decision today in Abbott v. Harris County, 22-0124, the petition for review is granted, the judgment of the court of appeals is vacated, the temporary injunction is dissolved, and the case is remanded for further proceedings consistent with our opinion in Abbott v. Harris County. See Tex. R. App. P. 59.1.

PER CURIAM

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