The Texas Supreme Court has ruled that the execution of Robert Roberson, convicted in his daughter’s “shaken baby” death, can’t be stopped by a legislative subpoena, after lawmakers made a last-ditch effort to pause the process.

Robert Roberson has gained bipartisan from lawmakers and medical experts who say he was convicted on faulty evidence of the shaken baby diagnosis.

Texas lawmakers exceeded their power when they intervened last month to stop the execution of Robert Roberson by summoning him to testify, the court found.