Houston Chronicle by Taylor Goldenstein May 5, 2020
Texas Supreme Court says coronavirus restrictions on business ‘may not survive judicial scrutiny’
In turning down a case challenging Gov. Greg Abbott's order allowing certain Texas businesses to reopen, the Texas Supreme Court hinted Tuesday that it is sympathetic to constitutionality concerns raised by coronavirus restrictions.
The state's highest civil court declined to take the case —spearheaded by a Dallas salon owner whose decision to open in defiance of the order prompted demonstrations and TV spots over the past few weeks — saying lower courts should first consider whether the restrictions should stand. The Texas Supreme Court is generally the “court of last resort.â€
Justice James D. Blacklock wrote in the opinion Tuesday that during a public health emergency, the onus is on the government to explain why its measures are necessary and why other less restrictive measures would not adequately address the threat. District courts will need to decide how to judge whether that’s been accomplished, he wrote.
More:
https://www.houstonchronicle.com/politics/texas/article/Texas-high-court-says-Abbott-s-restrictions-on-15248326.php
