German car manufacturers Volkswagen and Audi are facing a lawsuit from Texas that could...
could unfairly tilt the scales in the state’s favor by appointing two temporary justices to help decide the case.
Justices Jimmy Blacklock and Evan Young recused themselves from the case, Hecht wrote in the letter, leaving the court with seven remaining members on the case. The Texas constitution requires at least five justices to agree to issue a supreme court decision, suggesting the remaining justices were split.
Hecht declined to comment, but a spokesperson for the Supreme Court of Texas said there have been at least 13 other instances since 1995 in which the governor was asked to appoint temporary justices. Jim McCormack, an Austin-based attorney whose practice focuses on legal ethics and legal malpractice and is not involved in the lawsuit, said that he did not see how Abbott commissioning two justices as requested would violate any of the Texas legal ethics rules. He suggested Volkswagen was arguing from a self-interested position.
“The three branches of government in Texas, just as they are on the national level, are intertwined,” said McCormack, who previously chaired the Texas Center for Legal Ethics and Professionalism. “You could just as easily say that the [Texas] Supreme Court could never hear a case involving the state of Texas, and yet, it does.”
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