The Texas Supreme Court will not be helping the state's Republican party to resurrect the annual convention, which was canceled because of the coronavirus.

The high court has denied two appeals in related lawsuits that were seeking temporary restraining orders to stop the cancellation of the state party convention in Houston.

The July 16-18 event at the George R. Brown Convention Center was canceled July 8, when the center's operator, Houston First Corp., invoked a force majeure clause in the contract that allowed cancellation because of an epidemic in Houston.

The plaintiffs alleged their free speech rights were being violated because the city was engaged in illegal viewpoint discrimination, canceling the event because Mayor Sylvester Turner disagreed with the message. But when trial courts refused to grant temporary restraining orders in both cases, the two sets of plaintiffs appealed straight to the state Supreme Court.

Read more: Texas Conservatives File 1 a.m. Suit Over Cancellation of Republican Convention

But in an unsigned opinion, the justices determined they do not have jurisdiction over the appeal in one of the cases, In Re Republican Party of Texas. They denied the other appeal, In Re Hotze, without comment.

"The duty the party seeks to compel Houston First to perform is imposed by contract, not imposed by law," said the ruling in the party's case. "The party argues it has constitutional rights to hold a convention and engage in electoral activities, and that is unquestionably true. But those rights do not allow it to simply commandeer use of the center. Houston First's only duty to allow the party use of the center for its convention is under the terms of the parties' agreement, not a constitution."

Read the full ruling

In a 10-page dissent, Justice John Devine wrote that the Supreme Court dismissed the appeal because of a "mistaken understanding of our jurisdiction." He wrote that the result was a violation of contractual and constitutional rights that would make irreparable damage to the party's role in choosing who leads the country.

"The election code gives us the authority to compel performance of contractual duties in connection with the holding of a political party convention," wrote Devine.

Read the dissent

'It isn't over yet'

Houston attorney Jared Woodfill, who represented a group of plaintiffs who sued over the cancellation separately from the Republican Party, wrote in an email that he's disappointed by the ruling but encouraged that Devine dissented.

"It isn't over yet. I'm not giving up until we have explored every legal vehicle available to the Republican delegates. They have worked too hard for too long to be left behind," wrote Woodfill.

Warren Norred, who represents the Republican Party in its lawsuit, didn't immediately respond to a call seeking comment. He is participating in a temporary injunction hearing over the case this morning, said his paralegal, Annette Norred. Morgan Lloyd, a spokeswoman for the Texas Republican Party, didn't immediately respond to an email seeking comment.

Turner, the Houston mayor, is pleased with the Supreme Court's rejection of the party's appeal, said an email by Mary Benton, a spokeswoman for the mayor.

"As the mayor indicated last week, the decision to cancel was not made lightly. The City of Houston is working to blunt the progression of the virus and is currently facing the reality of increased COVID-19 positive numbers and rising hospitalizations," said Benton. "As the local health authority indicated, holding an in-person convention inside the George R. Brown Convention Center would have presented a clear and present danger to the employees, delegates and the general public."