By Mackenzie Grizzard | Staff Writer
The fate of the Texas Supreme Court is more uncertain than ever, as whispers begin of 74 year-old Chief Justice Nathan Hect potentially retiring after voters rejected a proposition to raise the mandatory retirement age for supreme court justices to 75-79 years old.
The Texas Supreme Court has a total of nine justices who deal with civil matters, with three justices running for re-election with opposition. According to Ballotpedia, all nine justices on the court are identified with the Republican Party as of April 2024. Justices Jimmy Blacklock, John Devine and Jane Bland are the three facing opposition on Nov. 5.
According to the Texas Court’s official website, the Texas Supreme Court is the state’s “court of last resort” for civil matters, and Texas is one of only two states with such a court.
The historically red Texas Supreme Court battles to maintain its conservative tradition in the ballot box next month, making this election especially important for Texas Democrats.
In Place 4, Democrat Christine Vinh Weems looks to unseat the Republican incumbent John Devine. Weems is the sitting judge on the 281st Civil District Court in Harris Country. For Place 4 on the court, recent abortion rulings hang low over the red and blue battlefield.
In 2022, the U.S. Supreme Court ruled to overturn Roe v. Wade, eliminating previous protection for abortion. This ruling strengthened the Texas Heartbeat Act, which included a “trigger law” that would ban abortion completely in the event of the U.S. Supreme Court overruling previous abortion precedents.
John Devine has served as a justice on the Texas Supreme Court since 2013 and re-announced his candidacy despite being involved in a number of controversies.
“It is a tremendous honor to serve the people of Texas and I look forward to continuing to do it for another term,” Devine said in an official press release.
According to the Texas Tribune, a leaked audio contains Devine accusing his fellow justices of being “brainwashed.”
“My concern is that they all bow down to the altar of progress rather than to the fidelity of the Constitution,” Devine said in the recording.
In the face of this controversy, Weems takes an opposing stance to the court’s ruling. She issued a court order in 2022 blocking the Texas from enforcing a 1925 abortion ban and allowed clinics to remain open for an additional two weeks after Roe v. Wade was overturned.
“I’ve spent my career fighting to protect the rights of Texans,” Weems said in a social media post. “But right now, our justice system is on the line.”
More recently, the Texas Supreme Court ruled against several plaintiffs in Zurawski v. Texas, which sought clarification from the Texas abortion ban in life-threatening cases for the mother or fetus. Justices Jimmy Blacklock, Jane Bland and John Devine were among those seated on the court during the ruling. They must each face a Democrat this November.
Bland, Republican incumbent for Place 6, has served on the Texas Supreme Court since 2019 and was appointed by Gov. Gregg Abbott. She previously served as a justice on the Texas Court of Appeals from 2003-2018.
“Beyond faithfully applying the rule of law, I work hard to improve access to justice for low-income Texas,” Bland said in an interview with the Fort Worth Star-Telegram.
Democrat Bonnie Goldstein, who is currently serving as a judge on the 5th District Court of Appeals, is running against Bland for Place 6. According to her website, Goldstein was licensed in 1990, giving her 34 years of legal experience.
“Ensuring access to justice, addressing juvenile justice and mental health issues — which are often overseen by the the Texas Supreme Court — are a continued priority for me and my judiciary,” Goldstein said in an email.
Blacklock was appointed by Gov. Gregg Abbott in 2018 and previously worked under the governor at the Office of the Attorney General where he presided over several high-profile cases in the state of Texas.
“The Texas Supreme Court works hard in every case to understand Texas law as it is, not as we like it to be and to apply Texas law fairly and equally to all parties before the court,” Blacklock said in an interview with the Texas Tribune.
Blacklock is facing opposition from Democratic nominee Judge DaSean Jones for Place 2 on the court. Jones currently sits as a Texas District Court Judge in Harris County.
“In Texas, the constitutional rights of everyday citizens across the state are being attacked by individuals you espouse far-right ideologies and engage in extremist actions to promote their beliefs,” Jones said in his official campaign statement.
The remaining Texas Supreme Court justices — Jeff Boyd, Debra Lehrmann, Brett Busby, Rebeca Aizpuru Huddle and Evan A. Young — will continue their six-year terms and are not up for reelection this year.
