J. Brett Busby, Date of Birth
TweetJ. Brett Busby
American attorney and former Judge of the Fourteenth Court of Appeals of Texas
Date of Birth: 
About J. Brett Busby
- Justin Brett Busby (born April 12, 1973) is a current Justice of the Supreme Court of Texas and a former Justice of the Fourteenth Court of Appeals of Texas whose six-year term ended December 31, 2018.
- Along with many other Republican incumbents on the State's largest intermediate appellate courts, Busby was defeated in the November 2018 Democratic sweep.
- On February 21, 2019, Texas Governor Greg Abbott nominated Busby to a vacancy on the Texas Supreme Court resulting from Justice Phil Johnson's retirement.
- Busby was unanimously confirmed by the Texas Senate on March 20 and sworn into office that same day.Governor Abbott has since appointed another defeated Republican from Houston, and former colleague of Brett Busby, to the higher bench: Jane Bland.
- The opportunity to do so arose from Justice Jeff Brown's resignation to accept a commission to serve as a U.S.
- District Judge.
- With the latest three gubernatorial appointments, Republicans continue to control all seats on the Texas Supreme Court while the makeup of the Texas intermediate Courts of Appeals (with a statewide total of 80 positions) is now more diverse in partisan terms as a result of the November 2018 elections.
- Additionally, there is now near-parity between men and women justices on the Courts of Appeals.
- while on the Texas Supreme Court three members are women.
- Texas elects all of its appellate judges, although many Republican incumbents have initially assumed office by gubernatorial appointment to a vacancy.
- Appointees to unexpired terms must face the voters in the general election next following their appointment in order to remain on their respective courts.
- Governor Greg Abbott's practice of using his appointment power to place Republican justices who had been rejected by the voters back on appellate courts is controversial.
- One editorial board summed up the criticism this way: "The fact is Texas law makes these judicial offices political by virtue of putting them on the ballot.
- Since that is the system we have, the governor should not use his powers to undo the will of the people."Even the court's detractors agreed that Busby is both highly qualified and experienced, but his judicial philosophy is self-professedly conservative, as also reflected in this membership in Federalist Society.
- Critics of the Texas Supreme Court would like to see more viewpoint diversity on a court that only represents one side of the ideological spectrum, with no representation of minority viewpoints.
- Unlike the U.S.
- Supreme Court, the Texas high court has no liberal wing, and no centrist swing votes.
- Some see the low incidence of dissenting opinions (10%) as reflective of an echo-chamber atmosphere.
- One of the ramifications of promotion to a higher court is that the newly-appointed justice will not be able to participate in the review of cases in which he or she participated at the lower level.
- Busby shares this restriction with Justice Jane Bland, but not with Justice Jimmy Blacklock, who came to the SCOTX from the Governor's Office, rather than from a lower bench.
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