Texas Supreme Court clears way for execution lawmakers paused 

The Texas Supreme Court ruled that a legislative subpoena cannot be used to stop an execution after lawmakers on both sides of the aisle used it last month to pause Robert Roberson's execution. 

Roberson, 57, was scheduled to be executed by lethal injection on Oct. 17 after being convicted of killing his 2-year-old daughter, when lawmakers issued a subpoena to have him testify at the Texas Capitol days after his planned execution to pause the process. Now, the Lone Star State's highest court has ruled against the motion.  

Robertson garnered bipartisan support from medical professionals and representatives who say he was convicted on faulty evidence of what's known as "shaken baby" syndrome.

His attorneys argue the daughter instead died from pneumonia that progressed to sepsis, which caused her to fall from her bed and suffer head trauma. They also noted that Roberson’s autism was used against him. 

If executed, Roberson will be the first person in the United States to die over such a conviction. 

Texas state Rep. Joe Moody (D), chair of the Criminal Jurisprudence committee, put out a statement on social platform X in conjunction with fellow state Rep. Jeff Leach (R) in response to the ruling.

"We are grateful for the time and consideration the Texas Supreme Court has devoted to this case and the important Constitutional questions presented therein,” the duo said. “In holding that a legislative subpoena cannot delay an execution — never our specific intention — the Supreme Court also rightfully agreed that our legislative subpoena and this suit were valid.” 

“Further, the Supreme Court strongly reinforced our belief that our Committee can indeed obtain Mr. Roberson's testimony and made clear that it expects the Executive Branch of government to accommodate us in doing so,” the state lawmakers added. “That has been our position all along, and we look forward to working with the Executive Branch to do just that." 

A new date for execution has not been set, The Associated Press noted, but it is likely to move forward unless GOP Gov. Greg Abott grants a reprieve.