Although the petition filed by Texas Alliance for Life garnered support from state GOP members, including Texas Attorney General Ken Paxton, the state’s highest court ultimately ruled that it doesn’t have the power to “stymie” an election. Further litigation would only be appropriate if the measure passes, the justices added.
“The power of initiative is reserved to the people, not granted to them,” Justice Jane N. Bland wrote in her opinion. “Courts must not lightly usurp that power. Our role is to facilitate elections, not to stymie them, and to review the consequences of those elections as the Legislature prescribes.”