The TTC And The Race For Supreme Court
By Vince Leibowitz on Oct 3, 2006 in Texas Judiciary      
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Just when you thought there was one race in Texas left where the Trans Texas Corridor had not reared its ugly head and become a dominating issue, this comes along:
Democratic Texas Supreme Court nominee Bill Moody said Monday that a construction firm may be using political contributions to win favor from the state’s highest civil court in a potential eminent domain lawsuit about the Trans-Texas Corridor.
“My opponent and other members of the Supreme Court have taken sizable contributions from the Zachry group, well-knowing there is going to be an eminent domain case,†Moody said during a Waco campaign visit with the Tribune-Herald editorial board.
Moody cited contributions from Zachry Construction Corporation’s political action committee and executives to his opponent, Republican Texas Supreme Court Justice Don Willett, and four other sitting justices.
This is interesting. Everyone knows that the majority of the contributions the justices receive come from lawyers with issues before the Court. Why should the TTC backers be any different?
And, what would be the purpose of the Zachary contributions if not to ensure an appropriate verdict? Unlike contributions to gubernatorial candidates, legislative candidates, etc., the only active role the justices could play in the TTC fight is deciding on litigation.
And, not just the eminent domain litigation. Consider that, at some point, the lawsuit that TxDOT has filed to keep the TTC contract a secret will probably end up before the Texas Supreme Court. So, Zachary starts greasing the palms. Makes sense, no?
Of course, Willett claims to remain impartial:
Willett, the only Baylor University graduate on the state’s highest civil court, said his contributors know he will not consider their support while weighing cases.
“Every contributor understands my commitment to decide each and every case on its legal merits, without fear or favor,†Willett said. “My commitment to evenhandedness is unshakable, and I’ll never put a finger on the scale or a finger in the wind.â€
Without fear? Now, that’s an interesting way to put it. Are Texas Supreme Court Justices actually living in fear of voting against their contributors on the bench? Why would Willett elect to use a word like fear?
Of course, Zachary says it backs Willett because he’s so friggin’ smart:
Zachry public affairs director Vicky Waddy said the company is backing Willett based on his sharp legal mind, not on any future cases. She also said Zachry would not be party to an eminent domain case because the Texas Department of Transportation would oversee all land acquisition by eminent domain.
You don’t need glasses to see through that comment. Of course Zachary wouldn’t be a “party” to the eminent domain case, which is why she mentioned it. But, if the SCOTX decided against the TTC, Zachary would lose millions. I wonder why she didn’t mention the open records case, which will probably end up at the SCOTX even faster?
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Very insightful article, although I’m not sure I agree with everything you’ve written – good post!
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