The Texas Supreme Court on Friday denied a state house committee’s attempt to delay the execution of a man convicted of murder in the 2002 death of his 2-year-old daughter, clearing a path for a new execution date.

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.

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.