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 Supreme Court ruled that lawmakers cannot stop executions through a legislative subpoena. The opinion clears the way for the execution of Roberson, who was convicted of murder in a 2002 shaken baby case.