No ‘hails’ to this new chief justice, please

Nathan Hecht is going to become the next chief justice of the Texas Supreme Court.

I’m not surprised Gov. Rick Perry would pick Hecht to succeed Wallace Jefferson, who is resigning to return to private practice. Perry — who’s served as Texas governor longer than anyone in history — seems to like longevity, and Hecht is the longest-serving member of the state’s highest civil appeals court. He’s also among the court’s most conservative members, which of course fits Perry’s litmus test perfectly.

http://blog.mysanantonio.com/texas-on-the-potomac/2013/09/rick-perry-appoints-new-texas-supreme-court-chief-justice/

Hecht, though, isn’t a good pick for a couple of reasons. First of all, he’s had some run-ins with Texas’s ethics rules relating to alleged misuse of campaign funds and his reported acceptance of more than $150,000 in discounted legal fees. Still, Perry found it OK to praise Hecht’s integrity … blah, blah, blah.

Maybe more important, in my view, is that Hecht represents the courts’ radical shift to the right, which has occurred over many years.

There once was a time when the Supreme Court was seen as a plaintiff’s paradise, where folks could sue big corporations and then appeal it to the highest civil appellate court and get, say, a verdict overturned or modified in their favor. The pendulum has swung dramatically in the other direction, so much so now that the court is viewed as overly friendly to those big corporations who get sued on occasion.

Hecht represents the court’s radical change in attitude.

To be sure, conservatives in Texas and elsewhere love to criticize liberal judges for being “activist.” They ignore the absolute fact that conservative judges and courts can be every bit as activist as their more liberal colleagues.

The Texas Supreme Court’s radical shift from one level of activism to the other extreme doesn’t make it more fair or balanced or unbiased. It just shifts the unfairness, imbalance and bias to the other side.

That shift is what Nathan Hecht brings to his new job.