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Want to see an unlawful, inhumane, & overall abysmal response to coronavirus?

Then let me walk you through Texas' new Executive Order GA-13, which Texas must defend in court on Monday. /1 gov.texas.gov/uploads/files/…
1st, Texas' Executive Order is a legal monstrosity--a double legal monstrosity, in fact.

By purporting to suspend judges' authority under Texas law to release before trial arrestees who don't pose a threat to the community or risk of flight, it tramples on the judicial power. /2
2nd, Texas' Executive Order tramples on the legislative power, too.

It purports to trump a state law duly passed by the Texas legislature--a law allowing individualized consideration of pretrial release by Texas judges.

That's a classic exercise of executive overreach. /3
3rd, Texas's Executive Order accentuates Texas's already unconstitutional use of cash bail.

It's simple: if you can afford cash bail, you leave jail; if not, you remain behind bars.

That's a constitutional violation, made even worse by this order's elimination of discretion. /4
4th, Texas's Executive Order is wildly inhumane.

As a challenge to the order explains, it "dramatically expand[s] local jail populations at a time when the medical & scientific community is concluding that widespread death & disease can only be averted by doing the opposite." /5
Overall, the Executive Order embodies an awful response to a deadly virus.

Thankfully, @CivRightsCorps led by @equalityAlec & @TXCivilRights led by @MimiMarziani have challenged this monstrosity in court.

On Monday, Texas must respond.

But how to defend the indefensible?? /END
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