Local mask mandates allowed for now after Texas Supreme Court rejects Gov. Abbott’s request to intervene

The Supreme Court of Texas refused Gov. Greg Abbott’s request to intervene Thursday in the case of mask mandates established by several local jurisdictions.

As a result, the lower court ruling allowing school districts to require masks in their schools still stands.

The decision is the latest in a culmination of battles between local leaders – who cite the need for mandatory masking to curb the spread of Covid-19 in schools – and the state government, which said parents and students should have freedom of choice in whether to wear masks.

Wearing masks to prevent the spread of Covid-19, elementary school students line up to enter school for the first day of classes in Richardson, Texas, on August 17, 2021.

Abbott wanted the Supreme Court to rule quickly, superseding a state court rule that says that unless there is a compelling reason to not do so, a petition for the court to order a government official to take an action must first go to the Texas Court of Appeals, which is the intermediate appellate court, before it can go to the Texas Supreme Court.

The governor argued that state officials did not have time to go through the regular appeals process, and that allowing local governments to set their own mandate rules would cause confusion.

Abbott can still appeal, but he must do so to the court of appeals, before he can go to the state supreme court.

HOUSTON, TEXAS - AUGUST 18: Emergency Room nurses and EMTs tend to patients in hallways at the Houston Methodist The Woodlands Hospital on August 18, 2021 in Houston, Texas. Across Houston, hospitals have been forced to treat hundreds of patients in hallways and corridors as their emergency rooms are being overwhelmed due to the sharp increase in Delta variant cases. Hospitals are straining to keep up with the surge of new coronavirus patients as schools and businesses continue to reopen. Houston has seen an upward increase in Delta infections, and research is showing the Delta variant to be 60% more contagious than its predecessor the Alpha variant, also known as COVID-19. (Photo by Brandon Bell/Getty Images)

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The top court had sided with Abbott on Sunday as it temporarily blocked mask mandates in San Antonio and Dallas. Local officials then either defied the ruling, stating the court’s decision did not apply to them, or tailored their mandates around the Supreme Court’s decision.

On Tuesday, additional school districts voted to require masks. One district, The Paris Independent School District, voted to amend its current dress code in order to work in requirements for masks.

“The board believes the dress code can be used to mitigate communicable health issues, and therefore has amended the PISD dress code to protect our students and employees,” the district said in a statement.

Abbott had asked the Supreme Court for an expedient ruling after judges and officials in additional districts, such as Houston’s Harris County, issued school mask mandates.

In the meantime, the Texas Education Agency issued new guidance, saying it will not enforce restrictions on mask mandates while litigation is ongoing. Once the court issues are resolved, the agency said, it will issue further guidance.

The agency also said it recommends “that public school systems consult with their local public health authorities and local legal counsel before making final decisions regarding the implementation of this guidance.”

CNN’s Travis Caldwell contributed to this report.