Robert Roberson was scheduled to be executed in Texas late last week for having shaken his 2-year-old daughter to death in 2002.

While a bipartisan group of lawmakers had sought to delay his death, Texas' Supreme Court just greenlit Roberson's execution. 

Legislators issued a subpoena for Roberson to testify

According to The Hill, the effort to spare Roberson was spearheaded by Republican state Rep. Jeff Leach and Democratic state Rep. Joe Mood, who serves as chair of the Criminal Jurisprudence Committee.

The legislators had attempted to prevent Roberson from being put to death by issuing a subpoena which called him to testify before their committee.

However, Texas' highest judicial body ruled on Friday that the legislature may not use its subpoena power to keep an execution from being carried out.

A statement from me and @leachfortexas regarding #SCOTX and the taking the testimony of #RobertRoberson. #txlege pic.twitter.com/EzIm9XpPXt

— Joe Moody (@moodyforelpaso) November 15, 2024

Leach and Moody responded to the decision with a joint statement on social media, writing, "We are grateful for the time and consideration the Texas Supreme Court has devoted to this case and the important Constitutional questions presented therein."

Roberson's execution date has yet to be rescheduled

"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," they continued.

"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," Leach and Moody continued.

"That has been our position all along, and we look forward to working with the Executive Branch to do just that," the lawmakers went on to add.

The Hill noted that while a new execution date has yet to be put forward, Roberson is likely to be put to death absent a reprieve from Texas Republican Gov. Greg Abbott.

U.S. Supreme Court rejected request from Roberson

This week's ruling came roughly a month after the United States Supreme Court declined a request to have Roberson's execution stopped.

The Hill reported that Justice Sonia Sotomayor authored a statement which explained how the justices were "powerless to act without a colorable federal claim."

Nevertheless, she insisted that Abbott "could prevent a miscarriage of justice from occurring: executing a man who has raised credible evidence of actual innocence."