Texas Supreme Court sidesteps El Paso shutdown order

The Texas Supreme Court on Wednesday opted to stay out of an ongoing battle over the legality of El Paso County's shutdown order amid a coronavirus outbreak -- for now.

The Texas attorney general's office this week asked the state's highest civil court to put El Paso County Judge Ricardo Samaniego's order on hold while the 8th Court of Appeals weighs the matter.

But the state Supreme Court declined, saying that the El Paso-based appeals court already is working on an accelerated timeline.

The 8th Court of Appeals is expected to decide Thursday on a request to temporarily block Samaniego's order. An opinion is expected by Friday.

Two weeks ago, Samaniego ordered all nonessential businesses shuttered. Ten El Paso restaurateurs and Texas Attorney General Ken Paxton sued, alleging that the edict violated Gov. Greg Abbott's executive order allowing businesses to open at reduced capacity.

State District Judge William Moody ruled the order could remain in place and restaurant operators appealed.

The Texas Supreme Court did not weigh in on the merits of the case.

"This Court expresses no opinion on the likelihood of success of either party on the merits," it reads.

Samaniego's order is set to expire at midnight Wednesday. He hasn't yet said whether he will renew the order.

"I'll be spending the next few days consulting with members of our medical community and hospitals in order to make a decision that is in the best interest of El Paso," Samaniego said in a Monday statement. "I will continue to hold firm and prioritize the health of the El Paso community above all else."

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