The Establishment of Business Courts in Texas Under Governor Greg Abbott
On Valentine’s Day 2024, just as Governor Greg Abbott was enjoying a rare evening out with his wife, he received a phone call from billionaire entrepreneur Elon Musk. The conversation stemmed from recent legal challenges Musk faced in Delaware pertaining to his businesses. In an effort to reassure Musk, Abbott highlighted Texas’s initiative to establish dedicated business courts to address such complex legal concerns, affirming the state’s commitment to supporting business interests.
The following day, the prospect of relocating SpaceX to Texas became a reality as Musk filed the necessary paperwork, a testament to Abbott’s influence in the state’s judicial landscape.
Governorship and Judicial Influence
Governor Abbott took the opportunity to address his role in reshaping Texas’s court system while speaking at the University of Texas at Austin Law School. He underscored the importance of his judicial appointments, emphasizing his involvement in the creation of new business courts and an appellate court designed specifically for cases involving the state government.
According to Abbott, these judicial appointments represent a key component of his governorship, stating, “It’s good to have a governor who has been both a lawyer and a judge, so you have an appreciation for valuing the importance of the role that a judge plays in our lives.”
Business Courts: A New Judicial Era
The new business courts, which Abbott supported through legislation in 2023, aim to enhance predictability in legal outcomes for businesses, a goal echoed by advocates of the initiative. Unlike traditional Texas courts where judges are elected, Abbott appoints judges to these business courts for two-year terms, a structure that allows for significant gubernatorial control.
Critics have voiced concerns that this arrangement could compromise the independence of the judiciary. Michael Smith from the American Board of Trial Advocates noted, “This doesn’t give us an independent judiciary. It gives us employees of the executive branch which are serving two-year terms.”
Protests Against Closed Events
Abbott’s appearance at the Federalist Society event drew mixed reactions. While the gathering aimed to foster discussions on conservative legal principles, it limited attendance to society members. This exclusion prompted more than 50 students to protest outside, advocating for transparency and open discourse within their university community. One protestor, third-year student Kat Daffin, remarked, “I think we deserve to know what is being said by our governor and what is happening at our school.”
The Path to Judicial Appointments
During the event, Abbott reminisced about a conversation with the interim UT President, Jim Davis, regarding the pathways to become a judge in Texas. Abbott emphasized that understanding the political landscape—specifically who the future governor might be—could significantly shape one’s judicial aspirations.
Under Abbott’s administration, he has appointed a supermajority of justices to the Texas Supreme Court, all of whom share a Republican affiliation. This has led to significant changes in the court’s ideological balance, driven by Abbott’s preference for judges who adhere to originalist interpretations of the law.
“I want judges who will apply conservative applications of the law, not expanding it, but deciding on the basis of what legislators or Congress or the Constitution itself decides,” he reiterated, highlighting the importance of aligning legal interpretation with conservative values as promoted by the Federalist Society.
Conclusion
Governor Greg Abbott’s push for the establishment of business courts in Texas reflects a strategic vision to bolster the state’s legal framework for businesses while asserting significant gubernatorial influence over judicial appointments. As Texas continues to evolve legislatively, the implications of these changes on the judiciary and broader societal discourse will be closely monitored.
For more information on the developments regarding Texas courts and governance, visit the official website of the Texas Tribune.
