The Texas Supreme Court has ruled in favor of Republican Gov. Greg Abbott’s decision to establish a new 15th Court of Appeals, a move that has sparked significant controversy across the state.
The high court's decision affirms the creation of a statewide appellate court that will start hearing cases on Sept. 1, 2024, with judges initially appointed by the GOP governor until elections are held in November 2026, as the Houston Chronicle reports.
In a ruling that solidifies Abbott's influence over Texas' judicial landscape, the Texas Supreme Court has upheld the formation of the 15th Court of Appeals. This new court, unlike the existing 14 appellate courts in the state, will have jurisdiction over cases from across Texas.
The 15th Court of Appeals was created through Senate Bill 1045, legislation that Abbott strongly supported. The court is slated to begin its operations on Sept. 1, 2024, with the governor appointing judges to preside until elections are held in November 2026. Critics, particularly Democrats, have accused Abbott of creating this court to bypass the traditionally Democrat-leaning appellate courts in urban areas like Dallas and Houston.
The creation of the 15th Court of Appeals has not been without legal challenges. Dallas County, in particular, has been vocal in its opposition. The county, along with its sheriff, filed a lawsuit against the Texas Health and Human Services Commission (HHSC) over the transfer of inmates deemed unfit to stand trial to state hospitals.
As the HHSC planned to move this case to the newly formed 15th Court of Appeals upon its opening, Dallas County took the issue to the Texas Supreme Court. The county argued that the 15th Court was unconstitutional and sought intervention from the highest court in the state.
The Texas Supreme Court, however, sided with the HHSC and Governor Abbott, denying Dallas County's petition. In the majority opinion, Justice Evan Young emphasized the state’s historical precedence for legislative changes to the court system.
Proponents of the new court argue that it will improve the efficiency of handling business-related cases by providing a judicial panel with expertise in business law. This aligns with Governor Abbott's broader agenda to make Texas a more attractive destination for corporations.
The 15th Court of Appeals is expected to hear cases not only from Abbott’s newly created "business courts" but also cases involving statewide issues and elected officials. Supporters claim this will streamline the judicial process and ensure that business-related disputes are handled by judges with appropriate experience.
Opponents, however, view the court's creation as an overtly political maneuver. They contend that it undermines the independence of the judiciary by allowing the governor to appoint judges who might be more sympathetic to corporate interests until the first elections in 2026.
Justice Evan Young, writing for the majority, defended the decision by stating that the Texas Constitution does not prohibit the creation of a new appellate court with statewide jurisdiction. He pointed out that the terms "district" and "circuit" in the constitution can have broader meanings, allowing for such legislative changes.
With this ruling, Abbott's vision for a business-friendly judiciary has gained further momentum. The decision is likely to have far-reaching implications, not only for the state's legal landscape but also for its political dynamics as the 2024 general election approaches.
The 15th Court of Appeals is now set to begin its work on Sept. 1, 2024, marking a significant shift in Texas' appellate court system. The judges appointed by Abbott will serve until the November 2026 elections, at which point voters will have the chance to elect new judges or retain the current ones.
