Texas Supreme Court: Power to Mandate Masks Belongs to Governor

AUSTIN, TX – The Texas Supreme Court Thursday reaffirmed that Governor Abbott alone has the authority to issue mask mandates in Texas not local authorities.

"This case, and others like it, are not about whether people should wear masks or whether the government should make them do it," said the court in the order. "Rather, these cases ask courts to determine which government officials have the legal authority to decide what the government’s position on such questions will be.

According to the order, the court has granted an emergency for temporary relief for the Emergency Motion for Temporary Order to Maintain Temporary Injunction in Effect Pending Disposition of Interlocutory Appeal filed by Governor Abbott.

"The status quo, for many months, has been gubernatorial oversight of such decisions at both the state and local levels. That status quo should remain in place while the court of appeals, and potentially this Court, examine the parties’ merits arguments to determine whether plaintiffs have demonstrated a probable right to the relief sought."

Attorney General Ken Paxton issued a statement after the order was made public.

"The Texas Supreme Court has sided with the law, and the decision to enforce mask mandates lies with the governor’s legislatively granted authority,” Attorney General Paxton said. “Mask mandates across our state are illegal, and judges must abide by the law. Further non-compliance will result in more lawsuits.”