| Bush's Texas Supreme Court | |
by Jacci Howard Bear (October 2000)
|
Our next President will probably appoint two to four new justices to the U.S. Supreme Court. With an average tenure of 15 years, these appointments could dramatically change the makeup of the current court and affect our lives for years to come.
So Governor George W. Bush's record on judicial appointments in Texas is under scrutiny. Although Texas Supreme Court justices are elected, Bush appointed four of the current nine-member all-Republican court to complete the unexpired terms of judges who had resigned. Some believe that his choices may give a clue to the type of appointments he is likely to make if elected President in November.
The justices appointed by Bush are decidedly moderate and pro-business. They have voted to make abortion easier to obtain without parental consent, and have said that questions on abortion were not part of Bush's selection process. In cases where the interests of businesses were at odds with those of the consumer, this voting bloc usually sided with the corporation. Along with Justice Harriet O'Neill, Bush-appointees Greg Abbott, James Baker, Deborah Hankinson, and Al Gonzales make up the "New Guard" of the court. (Abbott, Baker, and Hankinson were later elected and Gonzales is currently up for election.) As a whole, the current Texas Supreme Court is conservative in its decisions. However, these newer judges with their moderate conservatism and focus on interpretation and procedure provide a sharp contrast to the conservative activism of the court's "Old Guard" GOP members. And with the "New Guard" in the majority, they have a greater influence on recent court decisions.
The Bush appointees have varied backgrounds as judges, lawyers, and educators. All four justices have been honored by their peers and other organizations for their legal work.
Justices Baker and Hankinson both served on the Fifth Circuit Court of Appeals prior to appointment to the Texas Supreme Court. Baker continues to write and speak on legal topics. Before earning her law degree, Hankinson was a special education teacher for seven years.
Justice Abbott was on the 129th State District Court. In 1998 and 1999, while on the Supreme Court he was also a Texas Constitutional Law Professor at the University of Texas Law School. The newest appointee, Justice Gonzales served as Texas Secretary of State and prior to that was Governor Bush's General Counsel for three years.
Next Page > The Business of Justice > Page 1, 2, 3