Wanna get away? The Texas Supreme Court Does – From Their Opinions!

Thursday, July 31st, 2008
by J.W.

I like those Southwest Airlines commercials that depict a person causing an embarrassing ruckus and the announcer asks, “Wanna Get Away?” All of us feel the need to slink into anonymity at times, especially in uncomfortable situations. But alas, we are rarely able to do it as easily as the commercial depicts, but the Supreme Court is GOOD at it.

You see, the Supreme Court of Texas has mastered the art of issuing anonymous opinions known as “Per Cruiam” opinions. These opinions do not have any of the Justices’ names on them nor do they have which Justices supported or dissented in the case. This is a really neat trick the Court uses to hide their leanings in cases. Wanna know how Chief Justice Jefferson decided in a “Per Curiam” opinion? Good Luck finding out.

Texas Watch has produced a report on this secretive practice and it’s an interesting read. The report shows that while the US Supreme Court only used these types of opinions in roughly 5% of their cases during 2006-2007, the Texas Supreme Court felt the need to be secretive in 56% of their cases during that time. The report also highlights that these anonymous opinions by the Court are used in controversial cases dealing with issues such as workplace safety, whistleblower protections and the regulation of insurance companies. Who needs to go on record when you can play the “anonymous” card all the time? It certainly must make it convenient for the Justices around fund-raising time.

The Legislature passed a bill requiring them to take record votes. They were pressured into this because there was a public outcry demanding accountability from their elected officials. The current elected Supreme Court needs the same type of transparency and must stop “getting away” from their record by issuing so many anonymous opinions, especially on issues that affect the everyday Texan.