Newly obtained audio of a Texas Supreme Court justice has unearthed some unexpected opinions from a member of the typically reserved and insular judiciary—including that he believes he’s a singular cure to the “Big Law” backgrounds of his “brainwashed” conservative colleagues.
Speaking to a group of East Texas voters in September, Supreme Court Justice John Devine—a former anti-abortion demonstrator—was recorded bemoaning his colleagues’ deference to procedure over their moral and legal responsibility to the U.S. Constitution, according to audio obtained by The Texas Tribune.
“At times I feel like they would sacrifice the Republic for the sake of the process,” Devine said in the recording. “My concern is that they all bow down to the altar of process rather than to fidelity to the Constitution. And when I say that, it’s not meant to be malice towards my colleagues. I think it’s how they were trained—how they were brainwashed.”
Elsewhere in his speech, Devine attacked several Texas officials, decried the “RINOs” and “trans-Republicans” occupying the state’s all-GOP Court of Criminal Appeals, and claimed that Democratic leaders in Harris County were using “Democrat dirty tricks” in an effort to “bastardize our election code.”
Devine also used the event to vent his frustrations over his bench’s ruling against Jeff Younger, a former Texas House candidate who asked the high court to prevent his ex-wife from moving to California with their child on the basis that the state had recently passed a refuge law that shielded parents escaping states with restrictive transgender care statutes. The court refused to hear the lawsuit, arguing that it was founded on “tenuous speculation” that Younger’s ex-wife would violate a standing order to avoid gender-transition therapy for their child, according to the Tribune.
“I’m not going to stand here sanctimoniously and say, ‘Well he didn’t cross a T or dot an I,’” Devine said of Younger at the September event. “We are talking about great constitutional issues here that will determine whether we survive as a representative republic or not. Are we going to just have it stolen from us? Over process, for crying out loud?”
Devine will face off against his Republican primary opponent, Brian Walker, a judge on the Texas Second District Court of Appeals, on March 5.