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 made a decision that will allow the controversial execution of Robert Roberson to proceed. Roberson was found guilty of killing his 2-year-old daughter in 2002 and his lethal injection had been set for October 17,

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.