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Texas's Phillips: a narrow reading of Caperton?

Former Texas Supreme Court Justice Thomas Phillips acknowledges that there'll be more motions challenging nonrecusal ("Caperton" motions), but there "just aren't a lot of cases" where the new constitutional standard will require the judge to step aside: "The holding, as I read it, is that due process is only violated when '[1] a person [2] with a personal stake in a particular case [3] had a significant [4] and disproportionate influence [5] in placing the judge on the case ... [6] when the case was pending or imminent.' Given how narrow that holding is, I'm not sure Caperton will ever be direct precedent for another recusal." [Interview with Tony Mauro, NLJ] More coverage: John Schwartz, NYT; Nathan Koppel, WSJ. Earlier here, here, etc.



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.