The State of Texas, ex Rel., John F. Healey, Jr. v. Honorable Walter S. McMeans, Judge…

Summary

The Court held that Texas law provides no qualified newsman's privilege under the First Amendment or the Texas Constitution, so the trial judge’s order granting motions to quash subpoenas was contrary to well‑settled precedent and mandamus relief is available. Accordingly, the Court conditionally granted the writ of mandamus but withheld issuance pending the judge’s compliance. The Court reasoned from Ex parte Grothe, Branzburg, and related authority that the judge had a ministerial duty to vacate the orders. Justice Meyers, dissenting, argued that the majority improperly expands mandamus jurisdiction and that the judge’s action was discretionary, not ministerial.