This is the latest fight over the COVID-19 mask between Dallas County Judge Clay Jenkins and Governor Abbott.
The 5th Circuit Court of Appeals court judge stated on Monday:
Abbott lacks legal authority to act as he attempted. Instead, by endeavoring to exercise power beyond that given to him in the Disaster Act, he attempted to infringe on Jenkins’s powers.”
Governor Abbott insisted he had the authority to issue a statewide order to ban the mask mandate. Abbott’s lawyers argued that the Governor had the authority under the Texas Disaster Act.
Judge Jenkins said Abbott had the right to issue a local mask mandate if it could protect public health and he had the authority to do under the Texas Disaster Act.
News Talk 820am shared in a statement, Judge Jenkins write:
“To the lawyers who represent not just me but the interest of public health, I am forever grateful. I will continue to stand for your safety against any threat. the enemy should not be another elected official.”
The Court of Appeals found in my favor tonight in Jenkins v Abbott: “…section 418.012 does not give the governor carte blanche to issue executive orders empowering him to rule the state in any way he wishes during a disaster.”
I am thankful for this ruling. To the lawyers who…
— Clay Jenkins (@JudgeClayJ) November 23, 2021
These are some Twitter comments on the ruling.
Next stop. The Texas Supreme Court…
— Adam Vanek (@adamvaneklaw) November 23, 2021
Kudos to you. We are grateful beyond words. 🙏🏼
— Julia Jernigan Gibson (@juliajgibson) November 23, 2021
The Dallas Morning News stated that the Court added that wearing a mask was more effective in battling the spread of COVID-19.
Governor Abbott and Texas Attorney General Ken Paxton have opposed the mask mandate. They believe people should have their own right to choose to wear a mask.
On July 29, Governor Abbott ruled that residents should have their own right to choose to wear a mask. This was during the time when the COVID infection rates were rising in the City.
Another City rebelled against Governor Abbott’s mask mandate
Houston Mayor Sylvester Turner has been fighting against the mask mandate to protect local residents.
Do you believe wearing a mask is still required?