Monday, April 21, 2008; Posted: 05:08 AM
Political outrage, after all, helped precipitate the downfall of the old Democratic, trial lawyer-friendly court of a generation ago, and this is an election year in which the court already has received a lot of negative publicity over a backlog of unfinished business and ethics complaints against a few justices.
In an unusual move, the Supreme Court agreed to reconsider a controversial decision that, critics say, gives refineries and other industrial plants a new shield against liability claims from contract workers injured on the job.
The Supreme Court rarely grants rehearings, particularly in cases, such as this one, which were decided unanimously. But this decision, dismissing claims brought by an injured contract worker, John Summers, against Entergy Gulf States, sparked an unusually large protest, not only from plaintiffs' lawyers and labor unions but also from lobbyists and even some legislators.
The ruling, handed down last summer, expands the ability of plant owners to seek liability protection from workplace accidents under the workers compensation law.
Had the decision been in effect before the BP refinery explosion in Texas City in 2005, contract workers might not have been able to sue the company for damages, plaintiffs' attorneys and union officials said.
Legislators object
Four lawmakers, including Republican Sen. Jeff Wentworth of San Antonio, chairman of the Senate Jurisprudence Committee, filed a brief, arguing that the court has improperly expanded the Workers Compensation Act.
In other words, the justices have engaged in judicial activism and meddled in the Legislature's business, a complaint about the high court often heard from trial lawyers and Democrats but seldom from a Republican legislator.
Chief Justice Wallace Jefferson and Justices Dale Wainwright and Phil Johnson are up for re-election this year, and each has a Democratic challenger. The Democrats have an uphill battle, but the party is re-energizing. The Republican justices doubtlessly noticed the record turnout in the recent Democratic presidential primary.
The court hasn't yet scheduled a date to rehear the Entergy case, and most likely it won't issue a new opinion until after the November election. Once that political obstacle is passed, it may even uphold its original decision.
"I suspect the (motions for rehearing) raised some issues they want to hear," court spokesman Osler McCarthy said.
Or, they may be feeling some judicial insecurity.
The development didn't receive much attention at the time, but several weeks ago, Entergy beefed up its appellate team in the workers comp case by hiring attorneys Sharon E. Callaway and Jacqueline M. Stroh of the Crofts & Callaway law firm in San Antonio.
Along with Callaway, Supreme Court Chief Justice Wallace Jefferson was a founding partner of the firm, which specializes in appellate law. Jefferson no longer has any interest in the firm, court spokesman McCarthy said.
The chief justice declined to say whether he planned to recuse himself from further proceedings in the case. So far, no one has asked him to do so.
Perry's exit strategy
I am skeptical that Gov. Rick Perry will seek another term, despite what he told reporters last week at a Republican Governors Association forum.
"I don't know about them, but it will be Perry in 2010," he replied when asked about other potential candidates.
Perry isn't going to say he's not running and brand himself a lame duck this early. This is still 2008, and a presidential race this fall and a legislative session in 2009 -- each of which could affect Perry's plans -- will play themselves out first.
Perry spokesman Robert Black told my colleague, R.G. Ratcliffe, that the governor's position is he's running for re-election but may reconsider if he wins some of his priorities from the Legislature.
That suggests a novel line for the governor's 2009 state-of-the-state speech: "Give me what I want, and I will go away."
Tax timing
Presumably, Lt. Gov. David Dewhurst did what millions of other Americans did last week -- paid his income taxes.
He also sent a letter to his supporters, encouraging them to "call or write your elected leaders in Washington and tell them to extend the Bush tax cuts and pass a fiscally responsible budget."
Those are the tax cuts that benefit wealthy taxpayers, such as Dewhurst, more than most other Texans, and that's the main reason Democrats in Congress aren't eager to make them permanent.
Dewhurst presumably would argue that his taxes are higher than those of the vast majority of the people who elected him.
clay.robison@chron.com
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