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The Texas Supreme Court on Sunday temporarily blocked mask mandates in Dallas and Bexar counties, marking a pivotal moment in the showdown between state and local government as coronavirus cases and hospitalizations surge in Texas.

The ruling comes after several school districts and a handful of counties across the state defied Gov. 鈥檚 executive order that restricted local entities from instituting mask mandates. On Friday, the 4th Court of Appeals in San Antonio upheld a lower court ruling that permitted Bexar County to require mask-wearing in public schools. Shortly after, the 5th Court of Appeals in Dallas upheld a more far-reaching order from Dallas County Judge Clay Jenkins that required masks in public schools, universities and businesses.

In a to the Texas Supreme Court, Texas Attorney General 鈥檚 office said the Texas Disaster Act of 1975 gives the governor power to act as the 鈥渃ommander in chief鈥� of the state鈥檚 response to a disaster. Attorneys representing cities and counties that have sued Abbott over his executive order have argued that his orders should not supersede local orders.

鈥淟et this ruling serve as a reminder to all ISDs and Local officials that the Governor鈥檚 order stands,鈥� Paxton said after the ruling.

Abbott鈥檚 response to the decision was less pointed, specifying that his executive order does not prohibit mask-wearing.

鈥淎nyone who wants to wear a masks can do so,鈥� .

But some of the local officials who defied Abbott鈥檚 order said they鈥檒l continue to fight.

In a statement, the city of San Antonio said the Supreme Court鈥檚 decision 鈥渉as little practical effect鈥� since a lower court鈥檚 ruling granting the city temporary permission to issue a mask mandate will expire tomorrow. The city still plans to present its case in a Bexar County district court.

鈥淭he City of San Antonio and Bexar County鈥檚 response to the Texas Supreme Court continues to emphasize that the Governor cannot use his emergency powers to suspend laws that provide local entities the needed flexibility to act in an emergency,鈥� said City Attorney Andy Segovia.

Michael Hinojosa, superintendent of the Dallas Independent School District, announced Sunday evening that his district still plans to require masks when the school year begins for a majority of students on Monday, a Dallas ISD spokesperson said. Dallas County has a hearing Aug. 24 before a lower court that granted it permission to implement its mask mandate.

Jenkins, the county judge, that he expects the county to win in that hearing.

鈥淲e won鈥檛 stop working with parents, doctors, schools, business [and] others to protect you,鈥� Jenkins said.

Fueled by the highly contagious delta variant, hospitalizations have increased across the state at a pace quicker than at any other point during the pandemic. Less than half of the state鈥檚 population is fully vaccinated.

Jon Taylor, a political science professor at the University of Texas at San Antonio, said it was 鈥渁 long shot鈥� that the state Supreme Court would go against Abbott鈥檚 executive order.

鈥淭he Supreme Court in general, particularly with a Supreme Court that is 9-0 Republican at the moment, I think it was going to be difficult to see them going against the governor for something that is viewed as his legal right to do at this point,鈥� Taylor said.

Dale Carpenter, a law professor at Southern Methodist University, said the ruling means 鈥渢he writing is on the wall鈥� for other school districts and counties that have also approved mask requirements, and it鈥檚 likely Abbott and Paxton will repeat the same legal maneuvers they made with Dallas and Bexar counties.

Greg Casar, an Austin City Council member, that a mask requirement for Austin ISD is still in place despite the Supreme Court鈥檚 decision.

鈥淭his is about keeping our kids in school and out of the hospital,鈥� Casar said.

Meanwhile, President Joe Biden hinted last week at the possibility of the federal government intervening in states that have banned mask mandates.

Recently, the released guidance recommending universal masking for students and school staff. With children younger than 12 not yet cleared to receive the vaccine, some teachers and parents in Texas have expressed worry that not instituting mask requirements could contribute to spread of the virus .

That led some of the largest school districts in the state 鈥� Austin ISD, Dallas ISD and Houston ISD 鈥� to require masks, despite Abbott鈥檚 order.

On Friday, a judge granted temporary permission to Harris County and several other Texas school districts to implement masks requirements. A judge in Tarrant County, meanwhile, granted a temporary order preventing Fort Worth ISD from requiring masks after four parents pursued a restraining order against the district, according to the .

Allyson Waller is a reporter , the only member-supported, digital-first, nonpartisan media organization that informs Texans about public policy, politics, government and statewide issues.

Disclosure: Southern Methodist University and the University of Texas at San Antonio have been financial supporters of The Texas Tribune, funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune鈥檚 journalism. Find a complete .

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