temporary restraining orders on Texas Appeals Journalhttps://texasappeals.org/topics/temporary-restraining-orders/Clinical descriptions of the Texas appellate decisions drawing the most press coverage.Hugo -- gohugo.ioen-usMon, 19 May 2025 07:00:00 -0500Supreme Court Enjoins Alien Enemies Act Removals of Detainees in Northern District of Texas and Vacates Fifth Circuit’s Dismissal of Their Appealhttps://texasappeals.org/2025/05/aarp-v-trump-alien-enemies-act-injunction/Mon, 19 May 2025 07:00:00 -0500https://texasappeals.org/2025/05/aarp-v-trump-alien-enemies-act-injunction/In a per curiam opinion, the Court held that the Fifth Circuit erred in dismissing the detainees’ appeal for lack of jurisdiction, concluded that the notice given on April 18 was inadequate, and enjoined removals under the Act pending further proceedings. The opinion states that it does not address the legality of removals under the Act.Fifth Circuit Holds Texas Is Entitled to Preliminary Injunction Against Border Patrol Cutting of Concertina Wire Near Eagle Passhttps://texasappeals.org/2024/12/texas-v-dhs-eagle-pass-concertina-wire/Mon, 23 Dec 2024 07:00:00 -0600https://texasappeals.org/2024/12/texas-v-dhs-eagle-pass-concertina-wire/The court held that § 702 of the Administrative Procedure Act waives the United States’ sovereign immunity for Texas’s state-law trespass claims, that neither intergovernmental immunity nor 8 U.S.C. § 1252(f)(1) bars the suit, and that Texas satisfied the preliminary-injunction factors. It granted a modified injunction; Judge Ramirez dissented.Supreme Court of Texas Holds House Committee’s Subpoena Cannot Be Judicially Enforced to Cancel Roberson Executionhttps://texasappeals.org/2024/11/in-re-texas-house-roberson-subpoena/Mon, 25 Nov 2024 07:00:00 -0600https://texasappeals.org/2024/11/in-re-texas-house-roberson-subpoena/The court denied a Texas House committee’s petition, holding that the separation of powers does not permit judicial enforcement of a legislative subpoena that would require canceling a long-scheduled execution. The opinion states that the dispute has nothing to do with Robert Roberson’s guilt or innocence.Court of Criminal Appeals Vacates Travis County Restraining Order That Had Blocked Robert Roberson’s Executionhttps://texasappeals.org/2024/11/in-re-tdcj-ex-rel-paxton-roberson-subpoena/Mon, 11 Nov 2024 07:00:00 -0600https://texasappeals.org/2024/11/in-re-tdcj-ex-rel-paxton-roberson-subpoena/In a per curiam opinion, the court held that a district court’s temporary restraining order enjoining the Texas Department of Criminal Justice from carrying out a death warrant had the effect of staying a scheduled execution and was subject to the court’s mandamus authority. The court vacated the order itself. Four judges dissented.