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 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’s execution will be moving forward after The Texas Supreme Court ruled on Friday that a legislative subpoena can’t stop an execution.