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/…
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
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
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
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
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