Free Speech, Due Process and Trial by Jury
Chief Justice Jimmy Blacklock has been on the court since 2018 and has been elevated to fill the chief justice position left vacant by Nathan Hecht’s retirement. Hecht had helmed the court since 2013. Also on Monday, the governor named James P. Sullivan as the newest member of the Texas Supreme Court. Both men formerly served as general counsel to the governor.
Rulings in the two latest cases and a third decided in May set up a demanding standard for when police officers can be sued over injuries and deaths caused while pursuing suspects or responding to calls for help. Although the circumstances varied, the court said none of the cases met the emergency exception to governmental immunity.
While the court’s original order lifting the injunction, issued Monday, was signed by the three judges who issued it — Judges Carl E. Stewart, Catharina Haynes and Stephen A. Higginson — the subsequent order putting the nationwide injunction back in place, issued Thursday, was not signed, but entered instead by the clerk of the court at the direction of the court.
Four years after devastating power outages resulted in death and destruction, justices will hear arguments in February on the utility companies’ mandamus effort to end claims by more than 15,000 plaintiffs. The utilities say they had no duty under the exigent circumstances to supply power to any particular customers for any particular duration.
Judge Andrew S. Oldham and the majority focused their decision on a requirement in the Securities Exchange Act dictating that the SEC must first find that any proposed regulation “is related to the purposes of the Exchange Act” before approving it. Judge Stephen A. Higginson focused his dissent on the “limited reviewing role” Congress carved out for the SEC as it relates to its ability to approve rules proposed by “self-regulatory organizations” like Nasdaq.
Retiring Texas Supreme Court Chief Justice Nathan Hecht was greeted by 17 former judicial colleagues and many other well-wishers as he heard his final case. Some of those gathered now sit on federal benches, while others have thriving private practices. All expressed gratitude for his service. (Photo courtesy Supreme Court of Texas)
The state’s high court heard oral arguments Wednesday morning in the lawsuit brought by Sheema Shaik against BRP-Rotax GmbH that asks it to determine whether Texas courts have specific jurisdiction over a foreign manufacturer based on an allegedly defective engine.
Cheryl Butler, a former Southern Methodist University law professor, sued the university and several former colleagues in 2016, bringing claims for defamation, fraud and conspiracy to defame. She appealed to the Fifth Circuit in January 2023, the same month U.S. District Judge Ada Brown dismissed her case with prejudice after agreeing that the Texas Commission on Human Rights Act preempted the claims. The Texas Supreme Court heard oral arguments Tuesday in the case that will determine whether Butler will be allowed to proceed with a defamation claim against her former coworkers, who she alleges played a role in her being denied tenure in 2016.
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