Texas Supreme Court Justice Tests Positive For COVID-19

By Michelle Casady
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Law360 (May 21, 2020, 1:21 PM EDT) -- Texas Supreme Court Justice Debra Lehrmann said Thursday that she has tested positive for COVID-19.

Justice Lehrmann, who has sat on the court for a decade, made the announcement Thursday morning via her Twitter account, saying she first exhibited symptoms last week "despite diligently complying with stay-at-home rules." Her husband has also tested positive for the virus.

"Thankfully, this has not interfered with [Supreme Court of Texas] work, as the court is working remotely," she wrote. "We are grateful for your thoughts and prayers."

The state's high court has been working remotely since March, when the spread of the novel coronavirus caused the halt of in-person court operations nationwide. On Wednesday, before she announced her diagnosis, Justice Lehrmann heard oral arguments via videoconference in a lawsuit over mail-in ballots, one of a handful of cases argued in that manner.

Justice Lehrmann's son, Jonathan Lehrmann, an appellate attorney at Houston firm Wright Close & Barger LLP, told Law360 that he, his wife and 6-month-old son had been isolating at his parents' house in Austin last week when his dad came down with a cough, fever and fatigue. Greg Lehrmann was tested for the virus on May 11 and received his positive test result the next day, his son said.

Justice Lehrmann was next to show symptoms, Jonathan Lehrmann said, but even after her husband had tested positive, she was denied access to testing. After her symptoms progressed, she was tested at some point last week and later found out she, too, was positive.

Jonathan Lehrmann, who was battling a cough as he spoke to Law360 on Thursday, said his wife, Sarah, exhibited symptoms but tested negative for the virus and was told by doctors that there was a 30% chance it was an inaccurate result. Jonathan Lehrmann, who also has experienced a fever and fatigue, was tested in Houston on May 15, he said, and is still awaiting results.

Before his father started exhibiting symptoms, Jonathan Lehrmann said the family was focusing its attention on his infant son.

"We're passing a baby back and forth, who's sticking his hands in everyone's mouth and being a baby," he said. "With the baby, we were almost certainly exposing each other to whatever we had."

Justice Lehrmann posted a picture on Twitter last month, wearing gloves and a mask as she shopped for groceries at HEB.

"Strange and challenging times," she wrote.

--Editing by Orlando Lorenzo.

Update: This article has been updated with more details on Justice Lehrmann's diagnosis and comment from her son.

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