In Rome, This Person Was the Diktator

That's a hell of a precedent. https://t.co/akYj5cpBPy

— Rick Wilson (@TheRickWilson) October 12, 2021

Yes, that's where our word comes from.  In Rome, it meant the power to suspend the laws in order to preserve the empire.  Not unlike Lincoln suspending habeas corpus because of the Civil War.

Except in Rome, it established the rule of Julius Caesar, the last diktator.  Because he never relinquished the role, and pretty much became the Emperor of Rome.  It took awhile, but shit pretty much started going downhill after that.

I know the Texas courts have upheld Abbot's authority, pretty much on procedural grounds.  The courts, all the way up to SCOTEX, have refused to uphold temporary injunctions denying Abbott the authority of his executive orders until further review.  But San Antonio ISD (an independent school district) is suing the Governor over his mask mandate order, and that case has not been thrown out based on a final and determinative SCOTEX ruling.  So Abbott and Paxton are still on pretty shaky ground.

I don't wonder how the courts will uphold Abbott suspending all laws he doesn't like just because he wants to fend off his crazier right-wing GOP opponents in the upcoming primaries.  Because at this point we've pretty much got a Governor declaring himself Emperor, here.  All he needs to do now is suspend elections.  Maybe that would get the Court's attention.

I'm not sure what else will, even though this order has yet to make it to a court challenge. If the courts say an injunction against this one is out of bounds, then the shit really will hit the fan.  And, as Professor Vladek noted, there's still two articles of the Constitution to consider:

Maybe @GovAbbott’s copy of the U.S. Constitution got cut off after Article V?

— Steve Vladeck (@steve_vladeck) October 12, 2021

Article VI:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Pretty sure that's what the good professor is referring to.

Oh, to put that in context: 

Welcome back from vacation!! https://t.co/Yz2P7COhIr

— Steve Vladeck (@steve_vladeck) October 12, 2021

(IOW, do you advise your clients to set themselves up for a lawsuit, or do you advise them to set themselves up for a federal lawsuit?)