ABBOTT v. LA JOYA INDEPENDENT SCHOOL DISTRICT (2023)

Supreme Court of Texas.

Greg ABBOTT, in His Official Capacity as Governor of Texas, et al., Petitioners, v. LA JOYA INDEPENDENT SCHOOL DISTRICT, et al., Respondents

No. 22-0328

Decided: June 30, 2023

Matthew Reed, Houston, Kathryn Long, Stephanie Hamm, Houston, Kenneth Rothey, Spring, Carlos G. Lopez, Arlington, Holly McIntush, Houston, John David Thompson, Fort Worth, Lisa R. McBride, Houston, Patrick Grubel, for Respondent Houston Independent School District. Michael Siegel, Austin, for Respondents Taylor, Kim, Ponvert, Elias, Fowler, Shanetra Miles. Holly McIntush, Houston, Carlos G. Lopez, Arlington, Stephanie Hamm, Houston, Patrick Grubel, Kenneth Rothey, Spring, Lisa R. McBride, Houston, Kathryn Long, for Respondents Austin Independent School District, Northside Independent School District, Spring Independent School District, Dallas Independent School District, Aldine Independent School District. Ron Beal, Pro Se. S. Grant Dorfman, Bellaire, Shawn Cowles, Atty. Gen. W. Kenneth Paxton Jr., Brent Webster, Houston, Thomas Andren Albright, Kimberly Gdula, for Petitioners The State Of Texas, Greg Abbott, in his Official Capacity as Governor of Texas, Ken Paxton, in his Official Capacity as Attorney General of Texas. David Jay Campbell, Dallas, for Respondent Brownsville Independent School District. Sharesa Alexander, Benjamin Castillo, Austin, Kevin T. O'Hanlon, Austin, for Respondent La Joya Independent School District, et al. Cobby A. Caputo, Gunnar P. Seaquist, Joshua Daniel Katz, Austin, David Jay Campbell, Dallas, for Respondent Austin Community College District.

This case concerns the division of power between the Governor and local officials during the response to the coronavirus pandemic. The plaintiffs 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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