Although our foray into The Texas Tribune Festival brought us to different panels, focusing on different levels of government, and from different branches of government, a common theme pervaded: government works best when it isn’t dominated by one figure or one branch. It’s perhaps no surprise to hear federal judges push back against pressure from the executive branch, but it was more unusual to hear former Texas Speaker of the House Dade Phelan share the same sentiment.
Nonetheless, this is what we heard as we ventured into the Bethel Hall at St. David’s Episcopal Church. Despite the presence of the Texas Tribune Editor-in-Chief Matthew Watkins and Political Reporter Eleanor Kilbanoff, the focus was on former Texas House Speaker Dade Phelan, who recently announced his retirement from the Texas House.
Somewhat unusually, this elicited a comment from President Donald Trump weighed in on Phelan’s impending retirement: “Fortunately for the Great State of Texas, their Former Speaker, who is no longer Speaker, Dade Phelan, is quitting politics…” Trump’s unhappiness with Phelan probably stems from 2023, when the then-Speaker brought impeachment proceedings against Attorney General Ken Paxton, a close Trump ally. President Trump went on to endorse Phelan’s primary opponent in his next election, although Phelan was able to manage a win in a closely-contested runoff.
Ultimately, however, Phelan made a choice not to run for Speaker: “I couldn’t ask the House Republicans to choose between me and President Trump.” Noting that he wasn’t a MAGA Republican, he felt like his confrontations with the President would make things difficult for his constituents (the members of the House of Representatives) if he continued as Speaker.
President Trump also dominated the discussion at “Living Document” panel, in which UT Law Professor Grove moderated a discussion with former Federal District Judges Royal Ferguson, Lee Yeakel, and Vanessa Gilmore.
The words “messy,” “wrong,” and “unprecedented” popped up again and again like literary motifs throughout the hourlong session. A recurring theme was the role of the “Shadow Docket” of the Supreme Court, which are often decided without full oral arguments and in unsigned form. President Trump has filed 20 “emergency applications” in seven months to the shadow docket, and the Court has, at least for now, seemingly expanded Trump’s control over the executive branch.
This has resulted in the overturning of many appellate and district-level decisions, the latter of which was particularly unsettling to the panel. “The District Court level,” noted Judge Ferguson, “is where the facts are settled.” The judge and the jury have the ability to assess the credibility of the witnesses and, at times, the defendant beyond merely reading a transcript. Overturning these cases with such regularity is, according to the panel, disregarding the role of fact assessment in reaching a verdict.
Equally as appalling to the panel have been the “attacks on the judiciary,” a point Judge Gilmore noted repeatedly. Top level executive branch officials have called for impeaching judges (something that has rarely occurred throughout history) or used harsh language to criticize judges for rulings adverse to the administration.
More alarming, however, are the increasing threats against judges. Last year there were more than 500 threats to federal judges, and the threats are becoming increasingly personal. In many cases, pizzas are being delivered to the judges’ homes, ordered by a “Daniel Anderl”–the name of a judge’s son who was murdered at his front door in 2020. Such “pizza doxxings” are a clear message to judges, a reminder of their vulnerability.
It is also a clear and concerning repudiation of the philosophical foundations on which the US Government was built, laid out in the Constitution and in Madison’s Federalist #51, in which he said, “it is evident that each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of the members of the others…”
On that discordant, we retreated to the Voltron Room at the Capitol Factory, where we listened to the soothing sounds of Texan singer Mollie Danel and contemplated the responsibilities of citizenship.
Center for Law, Engagement, and Politics 