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4th Court denies Abbott's mandamus petition regarding local mask requirements

Writer's picture: Michael RitterMichael Ritter


Today, the 4th Court of Appeals denied Governor Abbott's petition for writ of mandamus, seeking to direct Judge Antonia Arteaga to vacate her temporary restraining order (TRO) prohibiting the Governor from interfering with local county officials' determinations to require masks in public facilities and schools.


To read the per curiam opinion, click here. The per curiam denial does not reflect the court's reasoning, other than that the Governor failed to show his entitlement to relief.


Because the TRO is only in effect until Monday, the petition for writ of mandamus was likely to become moot before the court could fully consider the merits. The 4th Court's denial tees the issue up for resolution by the Supreme Court of Texas, unless the matter becomes moot.


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© Michael J. Ritter

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The information provided on this blog is not legal advice, and is only general information.  Due to the timing of publishing blogs and the ever changing nature of the law, depending on the time you are reading a post, the information may not be the up-to-date legal information. Please see an attorney to obtain advice with respect to any particular legal matter.  No reader should act or refrain from acting on the basis of information on this blog without first seeking legal advice from an attorney in the relevant jurisdiction and subject matter. Access to this blog does not create an attorney-client relationship with the reader.

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