In addition to resolving a thorny question about a legislative subpoena’s interaction with a death sentence, In re Texas House of Representatives reminded of this fundamental point:

With competing claims from (and in some instances within) the three branches of government, it falls to this Court to resolve as a matter of law which branch’s authority must prevail in this situation. In properly adjudicated cases, “[t]he final authority to determine adherence to the Constitution resides with the Judiciary.” 

No. 24-0884 (Tex. Nov. 15, 2024).

 

State of Texas v. Richardson presented an interesting issue–whether the allocation of cases among intermediate appellate districts creates constitutional or Voting Rights Act problems–but did not present a claim against any of the defendants: “[T]he Secretary [of State] or Governor … play ‘no role in the redistricting procedure delegated’ to the legislature, the supreme court, the Judicial Districts Board, or the Legislative Redistricting Board.” No. 05-23-00325-CV (Aug. 29, 2024) (mem. op.).