St. Mary's Law Journal


This Article is on the interrelationship of the Texas Disaster Act and Texas Government Code Section 22.0035. The author demonstrates that the Governor of Texas and the Texas Supreme Court have grossly violated the separation of powers on a continuing basis since March 29, 2020 by Governor Abbott issuing Executive Order 13, which prohibits the granting of bail to anyone awaiting trial, and the Texas Supreme Court’s unwillingness to invalidate that order administratively or judicially. Finally, the Article addresses the nearly one thousand district and county court judges who are constantly violating the separations of powers by failing to invalidate the order, choosing instead to follow it and thereby subject thousands of Texas citizens to unlawful incarceration. The violation of the Texas Constitution by two branches of government who are wholly ignoring clear and unambiguous statutes passed by the Texas legislature is simply alarming.

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St. Mary's University School of Law


Brent A. Bauer