The attorney general has tried to supplant eight Republican judges on the court after they rejected his efforts to unilaterally prosecute voter fraud. The judges are now pushing back.
The three incumbents running for their seats on Texas’ highest criminal court were not well known political figures outside of the legal community.
“It’s sad because he wouldn't know me from madam. I'm sure he doesn't know anything about me,” said Hervey, wondering whether Paxton had actually read the opinion he railed against publically. “That’s really pathetic.” “This is a loyalty test,” Watson said. “You didn't let Ken Paxton prosecute voter fraud, that must be because you are okay with voter fraud. Right?”
Keller argues that her experience on the bench is crucial to keeping one of the busiest appellate courts in the country running. Her responsibilities as the presiding judge include preparing legislative appropriation requests, testifying before the Legislature, hiring and firing court employees and coordinating the three parts of the court: the judges, the clerk's office and central staff attorneys.
Schenck served on the state’s Fifth District Court of Appeals in Dallas for eight years. He left that office in 2022 to run for the Texas Supreme Court, a race he lost to Justice Evan Young by a 10 percentage point margin. On the controversial opinion, Hervey put it in simple terms: “Eight of us decided it was a good idea to follow the Constitution.”
Compared to Schenck, Parker has taken a more explicit stance on the 2021 voter fraud opinion. On Feb. 9, Parker told radio hostthat the opinion was an attack on the attorney general’s power and the Legislature’s ability to make laws that empower Paxton’s office.
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