Parties involved in the litigation estimate that with a direct appeal, it would take the high court about a year to reach its final decision, sometime in spring 2014 — either right before or right after the primaries. There are three justices up for re-election then: Chief Wallace Jefferson, Jeffrey Boyd and Phil Johnson. A special session would likely take place that fall. If the legal process were more drawn out, the final decision could land just before 2015, leaving lawmakers to consider it during the 84th regular session.
In a previous decision in 2005, the justices argued that there was evidence that the public education system was unlikely to improve - to be adequate as required by the Texas Constitution - unless funding was increased. Funding as we know has been cut since then. So does this suggest that the court will agree with the district judges who argued that the education cuts were unconstitutional? Not necessarily. Governor Perry, who supports sustaining the cuts has appointed the bulk of the new members of the court:
The two-thirds of schools districts suing the state believe that reaction has not taken place, and that what the court originally saw as an impending constitutional violation has turned into a real one.
But there has been high turnover among the justices who considered that case. Four who participated in the decision remain on the bench: Nathan Hecht, who wrote the opinion, Jefferson, Johnson and Paul Green, who were all in the majority. Don Willettrecused himself.
Since then, four new justices have joined the court: Debra Lehrmann, a former Fort Worth family court judge; Eva Guzman, a former Houston appellate judge; Boyd, Gov. Rick Perry’s former general counsel; and John Devine, a social conservative activist and former Houston trial court judge. Perry first appointed all of them except Devine, who won a primary against incumbent David Medina.
