Echoing arguments made by opponents of the creation of the Texas Business Court, Houston lawyer Tony Buzbee has filed a motion arguing that the structure of the court is unconstitutional and that his client’s race discrimination case does not belong there.
In the underlying case, a former high-level executive of Exxon Mobil Corporation, Artis M. Brown, alleges he was fired from the company after 29 years because of his race. He is Black and was one of the company’s “highest-ranking Black executives” when he was terminated in July 2025.
Exxon told Brown he was being fired for violating the company’s “standards of business conduct,” but the lawsuit alleges that is false and that white executives accused of similar violations were not “summarily terminated.”
“Because of his race, ExxonMobil discharged Brown and/or discriminated against him in connection with his compensation upon termination by forfeiting his previously granted incentive compensation,” reads the lawsuit, which was filed in November. “As a result of ExxonMobil’s unlawful conduct, Brown has suffered and will continue to suffer damages in the form of back pay, front pay, lost fringe benefits, compensatory damages for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses.”
Exxon filed an answer denying the allegations Dec. 22 and the same day filed notice it was removing the case to the Business Court. Exxon told the court Brown was fired after failing a random drug test on July 14 and told a medical review officer he “had consumed a THC beverage while at a Star Cinema Grill.”
The oil company said removal to the Business Court was appropriate because it involves questions about ExxonMobil’s internal affairs, incentive program and “ownership interests,” and because it seeks damages exceeding $5 million.
On behalf of Brown, Buzbee filed a motion with the Business Court Feb. 4 to remand the case back to Harris County District Court. Exxon has until Friday to respond to the motion.
And on Feb. 11, the motion challenging the constitutionality of the court was filed. Buzbee told The Lawbook in response to emailed questions Wednesday that he’s handled several cases in the Business Court.
“We have no issues with the judges in these courts,” he said. “That’s one point I want to be clear. I have great respect for all of them. However, my client, a high-level Exxon executive/VP, has a straight-forward race discrimination case. The Business Courts were not designed for such cases. But if they were, and indeed all race discrimination cases are properly in the business courts, then the business courts are simply not constitutional.”
“We will let the process play out and see what happens.”
In a concise five pages, Buzbee argues in his motion that the structure of the court plainly violates the state’s constitution.
“Because the business court exercises district court power, it must conform to Article V’s structure. However, it does not: the statute establishes a single statewide district (§ 25A.003) staffed by appointed judges (§ 25A.009). This arrangement cannot be reconciled with Article V of the Texas Constitution,” the motion reads, arguing the Business Court runs afoul of the constitution’s “explicit election and districting requirements for courts exercising district-court power.”
“The legislature can establish inferior statutory courts, but it cannot, by statute alone, create a parallel trial court with broad remedial authority staffed by appointed judges to bypass Article V’s election and districting mandates,” the motion reads.
Buzbee indicated he’s prepared to take the fight all the way to the Texas Supreme Court
“These arguments have not been vetted by the Texas Supreme Court, which is the point of filing the motion,” he said. “It’s that court, not the legislature, that will ultimately determine this issue.”
The Texas Supreme Court in August 2024 decided a similar challenge to the constitutionality of the Fifteenth Court of Appeals, finding the law that allowed for its creation was constitutional.
Counsel for the defendant did not immediately respond to a request seeking comment Wednesday afternoon.
Exxon Mobil is represented by Patrick W. Mizell, Stacey Vu and Dasha M. Brotherton of Vinson & Elkins.
In addition to Buzbee, Brown is also represented by Charles Sturm of Sturm Law.
The case number in the Business Court is 25-BC11B-0099. The case number in Harris County District Court is 2025-89925.