Woe is the injured consumer or medical patient in Texas who brings a lawsuit against a big corporation or the government. A new report out from the nonprofit advocacy group Texas Watch has taken a hard look at more than 600 decisions by the Texas Supreme Court over the past decade and found that consumers and plaintiffs are routinely taking it on the chin. And consumers are losing far more often in the court than they were before short-lived GOP presidential candidate Rick Perry became governor.
Since 2005, consumers have lost nearly 80 percent of Texas Supreme Court cases in which a consumer was pitted against a big corporation or the government. Most of the time, the consumer plaintiffs had already prevailed before a jury—the high court overturned jury verdicts in 74 percent of consumer cases, with very little dissent.
Texas Watch attributes the massive scale-tilting to the fact that the court is now dominated by judges who were appointed by Perry starting in 2000. Six of the nine judges on the all-Republican court were initially appointed by Perry. In Texas, the judges are elected, but when a vacancy occurs, a governor can appoint a judge to fill out the remaining term, a move that all but guarantees the judge will prevail in the general election. And in Texas, Republican judges who’ve wanted to retire have often done so mid-term, allowing Perry to appoint their replacements.
Read More: Mother Jones