This episode examines arguments for why the proposed new system of business courts may not pass muster under Texas' state constitution.
Specifically, it examines the constitutionality of appointing trial-level judges, and of creating a new "Fifteenth Court of Appeals" with statewide jurisdiction over one specific type of questions.
It reviews whether this structure is consistent with an "originalist" understanding of Texas' Reconstruction-era constitution and its vision of highly decentralized state government.
The episode concludes by asking whether it really advances the stated goal of "certainty" in Texas business law to create a new court system whose constitutional legitimacy is sure to be challenged.
Interview with Jury Consultant Jason Bloom -- How 2020 Shapes the Restart of Jury Trials
How is a monk like a veterinarian? The modern Constitution's protection of economic liberty
QAnon, Faces on Mars, and Joe Biden's Inauguration
Can Biden do that? The limits on policymaking by executive order
Can Donald Trump be impeached after he has left office?
Can President Trump pardon himself?
Showdown on Sixth Street: Governor v. Mayor on COVID-19 regulations
No, Texas Can't Secede: A Tale of the Supreme Court and the Confederate Treasury
The Spirit of 1876 - Why Rutherford Hayes Haunts the 2020 Election
Church and COVID - the Supreme Court blocks a gathering-size restriction
"Release the Kraken!" - the risks of Constitutional myth-making
Don't stand so close to the courts -- "standing" and why many election cases fail
Sir Walter Raleigh and President Trump's election lawsuits
Halloween Special - "Attack of the Zombie Statute!"
"Who's on First?" - Why it matters who is sued in election cases.
"Nice Ballot, Old Chap" - How do courts measure the "abridgement" of voting rights?
"Just Kidding?!" -- Can a State Legislature Replace the Popular Vote for President?
Cross-Examining God: Religion's Role in the Barrett Confirmation Hearings
Mark Your Calendar: Six Dates to Know for the 2020 Presidential Election Cycle
Advice and Consent: Can Justice Ginsburg be Replaced in 2020?
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