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.
"The socialists are coming!" (Or, are they already here?)
Signs of the Times - Does the First Amendment Protect I-35's Giant Billboards?
Why are you striking those Hispanic jurors?
Can a state require vaccinations? And is the Supreme Court's 1905 answer still good?
Too conservative for the Roberts Court? The 5th Circuit goes to Washington.
"But I Don't Want to Wear a Mask!"
The Case of the Missing Mule
The liberty to sell a slave? An 1843 Republic of Texas court case still has a lot to teach us.
"Cancel Culture" and the First Amendment - lessons from a recent 8-8 Fifth Circuit case
Roger Stone's pardon - two concerns (PILOT)
James Throckmorton - should his statue remain in place? (PILOT)
Chiafolo v. Washington - what do "faithless electors" mean for me? (PILOT)
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