Xavier Rodriguez would not “still” be on the court. The people found out pretty fast that he was a liberal Democrat and La Raza type racist. A true Rick Perry protege.
http://www.supreme.courts.state.tx.us/court/justices.asp
Look at the Court, look at who was originally appointed by the Governor and then elected and re-elected. Your opinion of the Governor’s appointments is not shared by the voters.
No one knows whether or not Rodriquez would still be sitting on the Court with Jefferson and the others the Governor has appointed (I think all but Hecht, Wainright, and the guy who beat the guy who beat Rodriquez, Green.)