YCT Challenges Paul Green and Bill Green to Renounce Endorsements from the Austin Chronicle

YOUNG CONSERVATIVES OF TEXAS ^ | February 23, 2004 | David Rushing

[writmeister]

I am with you. Here's hoping for another Smith reminder to the establishment in Austin and Washington that it is the voters who decide the nominees.

[DrewsDad]

After seeing liberals endorsing Johnson, I am more inclined to vote Noble.

So, no comments from you on our candidate questionnaire response?

[WOSG]

Please Support Justice Steven Smith in the primary. Here's why ...

FOR IMMEDIATE RELEASE
CONTACT: David Rogers, Campaign Manager, (512) 923-6188
Cobie Russell, Texas Women's Initiative, (214) 521-2050

Justice Smith Wins Dallas Debate with Justice Green
Green Admits Not Having Read Important Cases for Which He Has Wrongly Criticized Smith

In an event that coincided with the first day of early voting, Texas Supreme Court Justice Steven Wayne Smith debated his challenger, Justice Paul Green of the San Antonio Court of Appeals, at a February 23 forum sponsored by the independent Texas Women's Initiative in downtown Dallas.

Repeatedly in the debate, Smith displayed considerably greater legal knowledge than his opponent. In addition, Justice Smith's lengthy, thoughtful explanation of his approach to legal issues (textualism and the rejection of the liberal "living Constitution" theory) led Green to remark "That seems like a fair way to approach it." ("it" in this context being judicial decision-making.)

Green acknowledged "I haven't studied Brown" v. Board of Education, the most important U.S. Supreme Court case of the 20th century because it struck down school segregation.

Green also admitted that, despite criticizing Smith for months for exercising free speech rights granted to judicial candidates under the U.S. Supreme Court's 2002 case Republican Party of Minnesota v. White, that he hadn't even bothered to read that case.

Green further admitted he hadn't read the West-Orange Cove school finance case decided by the Texas Supreme Court last year. Yet, Green has repeatedly criticized Smith for arguing in his opinion in West-Orange Cove that the Court should reverse its prior activist decision that imposed the "Robin Hood" scheme on Texas taxpayers. The opinion is available free of charge at www.JusticeSmith.com to anyone with any curiosity.

"Ignorance of the law is no excuse," quipped David Rogers, Smith's campaign manager. "If Green isn't going to take the time to read the most important cases, and is willing to attack without knowing what he's talking about, that calls his fitness as a judge into question."

Justice Smith, in contrast, showed a depth of understanding on a wide variety of legal topics. The topics were selected by the audience and by the independent debate moderator.

In response to a question about "judicial activism," Smith singled out the recent Massachusetts gay marriage case as an example, and said, "In contrast to the liberal elite, I believe that policy issues like abortion, school funding, and homosexual rights should be decided by the Texas Legislature, not the courts."

Green's response to the same question was to simply agree with Justice Smith.

In contrast, on the question of Texas' system of choosing judges, the two disagreed starkly, with Justice Smith defending elections, and Justice Green advocating taking away the right of voters to choose their judges in contested partisan elections.

In addition, in paired questions about judicial philosophy to the candidates, moderator Linda Eads, an SMU law school professor, asked if Green's lack of an "articulated judicial philosophy" gave him "unfettered discretion." Green's response was to point to his record and state "Others will have to say." Green has been repeatedly overturned by Texas' highest courts, including again just last week by the Texas Court of Criminal Appeals.

Smith responded to Eads' question on textualism (the judicial philosophy expounded by U.S. Supreme Court Justice Scalia and adopted by Justice Smith and Texas Court of Criminal Appeals Judge Mike Keasler, among others) with a lengthy and learned discussion of how textualism allows judges to discern legislative intent from statutory text, and how textualism limits judicial discretion and "reins in" activist impulses.

There were moments of levity in the hour-long debate, most notably when the debate moderator asked the near-bald Justice Smith what he liked most about his notoriously well-groomed opponent. "Well, I'd like to have his hair," Smith said.

The debate, held at 6:30 p.m. at the historic Belo House, mere blocks from the Dallas headquarters of the Dallas Morning News and WFAA-TV, was open to the public and the press. Only Texas Lawyer, of all the Texas media, sent a representative. Texas Lawyer reporter and Capitol veteran Mary Alice Robbins questioned both candidates exclusively for several minutes after the debate.

Justice Smith and his opponent are scheduled to debate again, next Tuesday, March 2nd, at noon before the Republican Club of Austin at Green Acres restaurant in South Austin.

Forty-three Dallas judges & justices, at levels from Justice of the Peace to Texas Court of Criminal Appeals, attended the debate, as did leading Dallas attorneys, Republican Party officials, and at least one Dallas City Councilman, Gary Griffith.

Republican State Executive Committeewoman Marjorie Ford, previously uncommitted to either candidate, said Smith's performance was "very impressive," and that Green was "soft around the edges."

Smith also announced his endorsement by both of Texas' Republican National Committee members, Tim Lambert and Denise McNamara, and a "vote of confidence" from Senator Kay Bailey Hutchison, Texas' senior U.S. Senator.

Justice Smith has also been endorsed for re-election by Young Conservatives of Texas, Conservative Republicans of Texas, Congressman Ron Paul, State Representatives Leo Berman (R-Tyler), Dan Flynn (R-Canton), Chairman of the House Judicial Affairs Committee Will Hartnett (R-Dallas), Fred Hill (R-Richardson), Bryan Hughes, (R-Marshall), Bill Keffer (R-Dallas), Corbin Van Arsdale (D-Houston), and former Representatives Carolyn Galloway, (R-Dallas), and Terral Smith (R-Travis County), who was also Legislative Director for Governor Bush.

Justice Smith has also been endorsed by an overwhelming number of Republican Party officials and conservative activists. For a complete listing, see www.JusticeSmith.com.

Justice Smith is best known as the attorney who filed, litigated and won the Hopwood case that ended racial preferences at Texas universities from 1996 through 2003. Justice Smith has served on the Supreme Court since Nov. 20 of 2002, and has been in the majority on the Court more than 95% of the time since then.