Abbott Pushes Back Against Legislative Delay of Death Row Execution, Citing Constitutional Overreach

Governor Greg Abbott of Texas is advocating for the dismissal of a legislative subpoena that resulted in the postponement of the execution of death row inmate Robert Roberson by the state Supreme Court. Abbott contended in a letter to the court that the Texas House Committee on Criminal Jurisprudence exceeded its authority by issuing a subpoena, which effectively granted Roberson a 90-day reprieve without the governor's assent.

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"The governor is the sole individual with the authority to grant clemency in capital cases, including reprieves, as stipulated in the Texas Constitution," Abbott declared. He accused the House committee of violating the separation-of-powers clause by intervening at the last minute, thereby postponing Roberson's execution, which was originally scheduled to take place.

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Abbott emphasized in his letter that the committee's actions could enable the legislature to intervene in future capital cases, thereby setting a dangerous precedent. "The legislative branch should act first, not at the eleventh hour when the governor's authority is clear," he urged the court to declare the committee's actions unconstitutional.

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A provisional injunction was issued to postpone the execution in response to the House committee's subpoena, which sought Roberson's witness testimony. Abbott has requested that the Texas Supreme Court immediately revoke this injunction, contending that it was founded on an improperly signed subpoena.

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"There is no legal justification for postponing," Abbott concluded that the court must maintain the constitutional balance of power by ensuring that the governor's authority is not undermined by such techniques. The Texas Supreme Court's decision on the matter will be closely monitored, as it may have broader implications for the separation of powers within the state.

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