The hearing in Austin followed a March 2025 ruling from U.S. District Judge Robert Pitman that said housing Texas prison inmates in sweltering facilities that lack air conditioning is “plainly unconstitutional.” The Obama appointee declined at the time to force TDCJ to immediately install temporary or permanent air conditioning, which the agency said could cost more than $1 billion. The judge instead pushed the plaintiffs — who are asking for the entire prison system to be air-conditioned by the end of 2029, along with measurable milestones during that period — toward a trial.

“TDCJ still refuses to treat this as an emergency,” attorney Kevin Homiak said in the opening statement for the plaintiffs, which include several organizations advocating for those in prisons.

Wade Johnson, an attorney defending TDCJ, countered that the agency is ramping up audits, mitigation efforts and the addition of cool beds. He also said the plaintiffs’ claim of deliberate indifference is an “extremely high standard to meet.”