Lawyers criticize a provision they say erodes the separation of powers between Texas’ executive branch and its courts. It’s been used repeatedly this year as Texans try to block new state laws from going into effect
to supersede the judge’s order, preventing the court from enforcing the injunction while the case proceeds in court.
In the three August cases, the state bypassed the Austin-based 3rd Court of Appeals to go to the state’s Supreme Court. Only in cases that present a constitutional challenge can the attorney general directly appeal to the highest civil court. “I think the real reason we are seeing more of these is about the nature of the laws coming out of the Texas Legislature. They are increasingly beyond the pale in the ways they infringe people’s rights and call for constitutional challenges,” Loewy told the Tribune.
Lawyers say the supersedeas provision is rare in other states, though it’s not clear how many share the same legal process. At least one other state also extends this rule to its attorney general — where a number of similar legal battles are unfolding.ruled the state’s 15-week abortion ban was unconstitutional in July 2022, blocking the law. In response, Florida’s attorney general appealed the judge’s decision, suspending the order and reinstating the law less than 24 hours later.
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