Study Shows Texas Supreme Court Is Activist & Ideological

I’m not sure how I missed this, but last January, Texas Watch, a non-partisan watchdog organization, released a decade-long study about cases before the Texas Supreme Court.  The study found the following:

Corporate and government defendants prevail in an average of 74% of cases annually.

Consumers have lost 79% of cases in which they were pitted against a corporate or government defendant.

These findings lead Court Watch to conclude: “The Texas Supreme Court has become a reliable friend to those who seek to escape the consequences of their actions; its justices are the ultimate guardians for the moneyed and powerful who wish to shirk responsibility.”

The report focuses on the decade beginning in 2000 because it reflects a paradigm shift. In 2000, Rick Perry became governor. His appointees to the Court have taken it in a decidedly activist and ideological turn.

Justices appointed to the Court by Governor Rick Perry have sided with consumers an average of just 29% of the time.

Despite a constitutional provision limiting its jurisdiction to questions of law – not fact – the Court has routinely overturned decisions made by local juries. Even Chief Justice Wallace Jefferson admonished the Court in a 2004 dissenting opinion, writing: “This Court is constitutionally bound to conduct only a legal – not factual – sufficiency review.”

Texas Supreme Court has overturned local jury decisions in consumer cases an average of 74% of the time since 2004.

Court Watch writes that “The jury is our smallest, most direct, and least corrupted form of government. … However, the Texas Supreme Court has displayed a fundamental disregard for juries.”

If you’re interested in the Texas Civil Justice system, you should read the entire report:  Thumbs On The Scale-A Retrospective of the Texas Supreme Court.

Perlmutter & Schuelke, PLLC maintains offices in Austin, Texas. However, our attorneys and lawyers represent clients throughout the state of Texas, including Dallas, Houston, San Antonio, Forth Worth, El Paso, New Braunfels, San Marcos, Kyle, Buda, Round Rock, Georgetown, Lockhart, Bastrop, Elgin, Manor, Brenham, Cedar Park, Burnet, Marble Falls, Temple and Killeen. By Brooks Schuelke


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