Not sure how likely this is to succeed, but it’s worth a try.
Thousands of Texans have banded together and hired an attorney to file suit to block Gov. Greg Abbott from ending emergency federal unemployment benefits before the programs expire in September.
The plaintiffs, two groups that organized over Facebook with more than 30,000 people, argue that the decision to end the benefits early exceeded the governor’s authority, according to the lawsuit, filed this week in state district court in Austin. The benefits, aimed at providing relief to workers during the pandemic, are scheduled to expire Saturday under Abbott’s order.
“Texas has what is known as a weak governor and a large part of Texas is run by commissions,” David Sibley, an attorney for the group of unemployment groups, said. “We just believe the governor is acting outside of his authority, and it’s something the TWC (Texas Workforce Commission) should address.”
Abbott last month ordered the early end to federal programs that provided supplemental payments of $300 a week to unemployed workers and extended jobless benefits to gig workers and other self-employed people not covered by the traditional unemployment system. Abbott argued that job openings in the state are plentiful and the additional benefits were no longer needed.
On Friday, Judge Dustin Howell denied a temporary restraining order to block the governor from ending the federal benefits while the case is proceeding. Despite the ruling, Sibley said his clients will continue with their case. “A denial of a (temporary restraining order) does not mean the case is over,” Sibley said.
The plaintiffs are asking the court to order the Texas Workforce Commission to make the decision on whether and when to end the benefits. They acknowledge that the workforce commission could reach the same decision as the governor, but it would delay when the federal benefits would expire.
See here and here for the background. The only other news story I found about this is a paywalled DMN story, so I don’t have any more details. Seems to me getting denied the motion for a temporary restraining order is a big setback, but maybe there is still a way forward. I found a Facebook group with 30K members that appears to be related to this, but it’s private and I don’t want to go poking my nose in places where it doesn’t belong. I wish these folks well, but I don’t think they’re going to get what they’re asking for. The Texas Signal has more.