As the coronavirus surges in hard-hit Texas, threatening to overwhelm hospitals, the state supreme court affirmed the right of the governor to preempt local governments from enacting proven health measures to keep residents safe from infection.
"The all-Republican Texas Supreme Court on Sunday temporarily revived Gov. Greg Abbott’s ban on mask mandates in Dallas and Bexar counties, though local officials said they planned to keep their rules in place as coronavirus patients strain hospitals," report Zach Despart and Taylor Goldenstein for the Houston Chronicle on Aug. 15.
The justices granted Abbott’s request for an emergency ruling to block lower court decisions that allowed officials in those counties to require masks in schools or indoor spaces. By doing so, the high court affirmed Abbott’s July 29 executive order that removed local authority over measures to lessen the severity of the pandemic.
Abbott signed the July 29 executive order to "provide clarity and uniformity in the Lone Star State’s continued fight against COVID-19,” according to the press release. “The new Executive Order emphasizes that the path forward relies on personal responsibility rather than government mandates."
[See Planetizen tag: Public Health vs. Individual Rights.]
Mask politics changed
A year ago when the Lone Star State was undergoing a severe summer surge, Abbott signed a statewide mask mandate. "Wearing a face covering in public is proven to be one of the most effective ways we have to slow the spread of COVID-19,” said Governor Abbott in his statement on July 2, 2020. Cases would continue to rise, peaking at almost 10,500 (7-day average) on July 19, 2020, according to The New York Times coronavirus tracker.
On August 15, the day the state supreme court temporarily affirmed Abbott's right to prevent counties from protecting residents, cases averaged almost 14,500, almost 40% higher than last summer's peak despite 45% of residents being fully vaccinated. Daily deaths averaged 160, highest in the nation and up 325% from two weeks ago, according to the Times tracker, despite 77% of seniors (65 years+) being fully vaccinated.
Dates to watch
"[T]he court has yet to make a final ruling in the case," add Despart and Goldenstein. "The case will continue to be heard in lower courts; Bexar County has a hearing Monday, and Dallas County has a hearing Aug. 24.
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