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  3. DUT-TX-021

Ex. DUT-TX-021 Standing duty Primary source read

In re Abbott, No. 20-50264 (5th Cir. Apr. 7, 2020) (published), 954 F.3d 772

In re Greg Abbott, in his official capacity as Governor of Texas, et al. (petition for writ of mandamus; GA-09)

United States Court of Appeals for the Fifth Circuit (Duncan, J., joined by Elrod, J.; Dennis, J., dissenting) · Texas (United States Court of Appeals for the Fifth Circuit) (Court)

The COVID Project

The record

Jurisdiction
Texas (United States Court of Appeals for the Fifth Circuit) · Texas
Level
Court
Authority
28 U.S.C. § 1651 (mandamus); Jacobson v. Massachusetts, 197 U.S. 11 (1905); Tex. Gov't Code ch. 418
Issued
2020-04-07 Apr. 7, 2020
Effective
2020-04-07
End
n/a (published opinion) (read as 2021-09-30)
In force
Apr. 7, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationHealth care ordersStanding duty
Addressees
  • specified businesses (licensed health care professionals and facilities under GA-09); persons generally (the Jacobson standard for every emergency order)
Character
adjudication
Collection
Standing duties: Texas DUT-TX

Operative words

The bottom line is this: when faced with a society-threatening epidemic, a state may implement emergency measures that curtail constitutional rights so long as the measures have at least some "real or substantial relation" to the public health crisis and are not "beyond all question, a plain, palpable invasion of rights secured by the fundamental law."

Penalty

n/a (the order enforced carried the § 418.173 penalty recited in GA-09, Ex. TX-004)

What it required

The Fifth Circuit vacated a district court's restraining order against GA-09 (Ex. TX-004), held the Governor's COVID-19 order a valid exercise of the State's emergency police power under Jacobson binding on the regulated class of licensed health care providers, and described the measures States had 'been forced to take': 'states have closed schools, sealed off nursing homes, banned social gatherings, quarantined travelers, prohibited churches from holding public worship services, and locked down entire cities' (at 17). Character as recorded: adjudication (orders upheld).

Retrieval note

Slip opinion from the court's own site; pins are to the slip opinion's pages (13 and 17). The State-court authorities on the binding character of the Governor's orders are already in the library: State v. El Paso County (Ex. TX-047 at 6, 12: the restaurants' 'sole dispute is whether they must comply with CE-13 or GA-32'; GA-32's declarations on occupancy, gatherings and 'the conduct of business... become state law') and the Supreme Court of Texas stays of August 2021 (Exs. TX-044 to TX-046).