El Paso County Tighter Shutdown Order Preempted by Texas Governor’s Order
So the Texas Court of Appeals held yesterday, in State v. El Paso County (opinion by Chief Justice Jeff Alley, joined by Justice Gina Palafox); an excerpt:
If the disaster de jure [I assume the court meant “du jour”-EV] was a hurricane on the gulf coast, there would have to be a tie-breaker if the governor intended for people to evacuate in one direction but a local county judge thought it better to send people in the exact opposite direction. Pick whatever type of disaster you might—from toxic chemical releases, earthquakes, oil pipelines leaks, to pandemics—and there could be good faith differences of opinion on the proper response.
Because there must be a final decision-maker, the Legislature inserted a tie breaker and gave it to the governor in that his or her declarations under Sect
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