The Texas Supreme Court on Friday said the execution of a man convicted of murder in the 2002 death of his 2-year-old daughter could move forward, even as a state house committee seeks to subpoena the man for his testimony and its bipartisan members fight to spare his life.

The state’s highest civil court ruled that legislators can’t use subpoenas to block death row inmates’ executions, but suggested there’s still time for Roberson to testify before a Texas House panel.

The Texas Supreme Court on Friday ruled a House committee overstepped its authority when it effectively stalled Robert Roberson’s execution by issuing an eleventh-hour subpoena. The ruling clears the way for prosecutors to seek a new execution date for Roberson.