Their “Big Law” backgrounds, he said, had taught them to worry more about legal procedures — “standing, timeliness, or whatever else” — than their duty to uphold the Constitution.
Those concerns are now the focus of an unusually heated primary election for the relatively unknown Texas Supreme Court. Devine is the only justice with a challenger in the statewide, March 5 race, and his opponent, Second District Court of Appeals Judge Brian Walker, has centered his campaign on questions about Devine’s ethics dating back to the mid-1990s.
“Judges usually didn't speak that way,” said Sanford Levinson, a longtime legal scholar at the University of Texas at Austin School of Law. “And I don't think that trash talk is a particularly healthy phenomenon.” “The fact is we’re elected and part of our job is to run for reelection,” Devine told Bloomberg Law, whichAfter moving to the Houston area from Indiana in the 1980s, Devine enrolled at the South Texas College of Law and jumped head-first into Texas’ nascent anti-abortion movement.
Later that year, the then-32-year-old Devine challenged O’Neill as a write-in candidate. Centered on the concept of “Christianity in American Law,” his campaign was supported by figures such asa letter opposing his endorsement by the state and local GOP, saying Devine did not honor the “wall between church and state.” Devine got some-40,000 write-in votes — a local record, but not enough to win.
"We are at war now over the systematic elimination of Christian tradition from civil government,” he said in 2004, after a judge sided with a woman who sued over the Bible monument."This is just one more battle. If they take the Bible, the battle will continue for the heart and soul of America." Devine corrected his financial disclosures but denied using his office for personal business. He eventually lost in the 2002 primary.Throughout the aughts, Devine kept at his quest for elected office. He lost a second congressional race, in 2004, during which his campaign was accused by three GOP figures of mailing phony endorsements on their behalf. His 2006 bid for the Texas House failed, as did his 2010 campaign for a Montgomery County judgeship.
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