On Tuesday, February 27, 2024, The Texas Tribune reported that leaked audio revealed Texas Supreme Court Justice John Devine had sharply criticized his “brainwashed” Republican colleagues on the all-GOP bench. In a September speech to East Texas voters, Devine portrayed himself as standing in opposition to justices whose “Big Law” training had them prioritize legal procedures over upholding the Constitution.
Devine felt his colleagues would “sacrifice the Republic for the sake of the process.” He accused them of “bowing down to the altar of process rather than to fidelity to the Constitution,” which he argued stemmed from how they were “trained” and “brainwashed.” One case Devine took issue with was the court’s declination to intervene in a custody battle involving a father’s opposition to his ex-wife pursuing gender transition treatments for their child.
The audio recording offered insight into Devine’s judicial philosophy, which has been shaped by his deeply conservative religious beliefs and politics. Critics argue this has come at the expense of his impartiality at times. Devine’s comments have been condemned by his opponent in the March 5 primary, Judge Brian Walker, who is centering his campaign on Devine’s ethical record.
A key figure in Texas’ religious conservative movement since the 1980s, Devine was active in anti-abortion protests as a law student, claiming 37 arrest records. He has held judgeship in Harris County but also ran unsuccessfully for various offices over the years. Devine’s 2011 bid for the Texas Supreme Court leaned on his faith-based opposition to doctors’ advice regarding his wife’s high-risk pregnancy.
Backed by the emerging Tea Party movement, Devine defeated the incumbent during a wave favoring anti-establishment candidates. On the bench, Devine has proven an ally to the religious right through dissents supporting ideas like arguing the state can limit marriage benefits to opposite-sex couples. However, critics argue Devine’s political involvement and comments cross lines regarding impartiality expectations for judges.
Devine’s September speech reflects broader concerns about eroding norms around recusals and refraining from political stances that could undermine impartiality. Though Devine defended his actions as normal for an elected judiciary, opponents see bias risks and challenge whether Texas voters can trust the rule of law will prevail. With the March primary presenting a rare challenger to an incumbent justice, Devine’s conduct and philosophy are under unusual scrutiny.
Source: The Texas Tribune
