In an overview of some of the major judicial decisions in Texas during the last year, published by Law360, LPHS attorney David Coale says the Fifth Circuit ruling upholding Governor Greg Abbott’s executive order banning school mask mandates still leaves important questions to be answered. Many of Abbott's other challenges to mask mandates are still pending in the Texas Supreme Court, including challenges against San Antonio and Harris County.

"The broader question of 'what is the governor's emergency power?' remains to be decided," Coale said. "One thing we learned from the pandemic big time is our emergency code, it wasn't designed for this. ... Maybe why the Supreme Court's still hanging onto these cases is that it wants to write something about this to help out the next go around."

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