Henry v. Cox

People of goodwill can debate Alexander Hamilton’s description of the judiciary as the “least dangerous” branch.1 But none can deny it is the least understood.2 The Texas Constitution, like the United States Constitution,3 endues the judiciary with authority equal to that wielded by the so-called political branches.4 In our constitutional design, the judiciary is a partner, but not a junior partner. And in Texas, judicial power is conferred “by means of express grants of jurisdiction contained in the constitution and statutes.”5

The issue in this long-running dispute is who has the authority…