The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

About The Volokh Conspiracy

Volokh Conspiracy

Rick Perry case to go before Texas's highest criminal court

|

epa04357042 Texas Governor Rick Perry makes a statement regarding his grand jury indictment on charges of abuse of power at the Texas state capitol, in Austin, Texas, USA, 16 August 2014. Texas Governor Rick Perry lashed out at an indictment against him for abuse of power, calling it a political ploy against him. The Republican governor, who is seen as a possible candidate for president in 2016, was indicted on 15 August on two counts of abuse of power for allegedly threatening to veto funding for a district attorney's office in a bid to force her to resign. 'I am confident that we will ultimately prevail, that this farce of a prosecution will be revealed for what it is, and those responsible will be held accountable,' Perry told a press conference in Texas state capital Austin. EPA/ASHLEY LANDIS
Former Texas governor Rick Perry, shown in August 2014. (Ashley Landis/European Pressphoto Agency)

The Texas Court of Criminal Appeals—the highest court in Texas for criminal cases (the Texas Supreme Court deals with civil cases)—has agreed to hear the case alleging that Rick Perry abused his veto power; the arguments will be held on Nov. 4. I'm on the run, but I thought I'd mention this and point to two posts on the controversy:

  1. Why I think the Texas Court of Appeals was right to dismiss one count against Perry, on First Amendment grounds.
  2. Why I think the remaining count unconstitutionally intrudes on the governor's veto power.

Disclosure: As I have noted before, I am co-counsel on an amicus brief on behalf of various professors, former prosecutors and former judges in the case supporting the dismissal of both counts. The brief, however, is consistent with views that I expressed before taking on my role as a lawyer in the case.