Steven Wayne Smith
Encyclopedia
Steven Wayne Smith is a Republican
former Texas Supreme Court
associate justice, who was defeated for renomination in 2004 through the active opposition of Governor Rick Perry
. He was unseated by Paul W. Green
. Smith again lost – very narrowly – a bid for nomination to the court in the March 7, 2006, GOP primary, when Perry again opposed his candidacy. Smith did not file to run in the March 4, 2008, Republican primary for the high court.
Smith served on the high Texas court from November 2002 through January 2005. He is known for his conservative
judicial philosophy and opposition to racial quotas
.
A fifth-generation Texan, Smith was reared in Everman
south of Fort Worth
. He attended the University of Texas at Arlington
, where he received a B.B.A. in finance, the first member of his extended family to have graduated from college. Smith attended the University of Texas Law School, where he concentrated on federal law. He graduated with honors in 1986.
After graduation, Smith worked as a bill analyst for the Texas Senate
and as a staff attorney, first for the Office of the Texas Secretary of State and then for the Texas Legislative Council. He spent three years at the legislative council and worked on redistricting
issues and judicial selection. There he met his wife, the former Susan Hunter, who was also on the legal staff.
“My judicial philosophy probably comes as much from working at the legislature as from anything. ... I developed a real appreciation for what goes into making public policy. The legislature is the policy-making branch. Courts should defer to the legislature, unless there's a clear constitutional reason" otherwise, said Smith.
While he was on the Supreme Court, Smith authored sixteen published opinions, including the court's landmark decision in Texas Department of Protective and Regulatory Services v. Mega Child Care. His work was lauded by current Chief Justice Wallace Jefferson.
federal court case that struck down affirmative action
policies in Texas law school admissions. In the early 1990s, Smith filed a lawsuit against the University of Texas School of Law on behalf of white applicants, including Cheryl Hopwood, who argued they had been denied entry because the school used affirmative action to bolster minority enrollment. The case was decided in favor of the students and Smith later trumpeted that success during his campaigns. Smith's opponents and many newspapers attacked him for this success. His campaign manager, David Rogers, was one of the Hopwood plaintiffs.
In the Republican primary, Smith lost to Hankinson by a tally of 59.41 percent to 40.58 percent.
, an appointee of Governor Rick Perry, in the Republican primary. Smith polled 306,730 votes (53.49 percent) to Rodriguez's 266,648 ballots (46.50 percent). Rodriguez spent $558,000, called himself a "moderate", and lost; Smith spent $9,500, called himself a "conservative", and won in an upset.
Smith defeated Democrat
Margaret Mirabal in the November general election
. He polled 2,331,140 votes (54.09 percent), to Mirabal's 1,978,081 ballots (45.90 percent).
The 2002 election was for the unexpired portion of a normal six-year term. The term began with the re-election of Greg Abbott
to the seat in 1998. Under the Texas Constitution, after he resigned in 2001 to run for Texas Attorney General. an election had to be scheduled for fall 2002 for the remaining two years of Abbott's original term. Thus, Smith had to run for re-election in 2004.
, former Governor William P. Clements, Jr.
, (for whom Smith worked in Clements' second term), former Congressman and Railroad Commissioner Kent Hance
(who opposed Clements in the 1986 Republican gubernatorial primary), conservative/libertarian Congressman Ron Paul
, and California activist Ward Connerly
, president of the Civil Rights Institute.
Perry and U.S. Senator John Cornyn
opposed Smith's candidacy and he eventually lost the primary to Green. Green was unopposed in the 2004 general election.
A controversial email that Smith sent out responding to Green's attack that Smith was short on credentials may have backfired and cost Smith some support. While touting his own academic achievements at the University of Texas School of Law, Smith disparaged Green's academic achievements, namely that Green had graduated from St. Mary's University School of Law
in San Antonio, a smaller and less well known law school. Senator John Cornyn is a St. Mary's alumnus. Dean Bill Piatt of St. Mary’s blasted Smith, saying that it was inappropriate for a sitting Supreme Court justice to belittle one of the law schools in the State of Texas. Piatt widely distributed a letter that he had written to Smith to many alumni of St. Mary's and others in the legal community. Smith wrote a conciliatory response letter to Piatt, but did not publicize that letter.
and Duke University Law School graduate who was appointed to the bench in fall 2005 by Governor Perry to replace newly confirmed Fifth Circuit Court of Appeals Judge Priscilla Owen
.
Both Willett and Smith took conservative legal positions with respect to the high court, which hears civil and juvenile appeals cases. Bush announced on January 19, 2006, that he was supporting Willett.
In 2004, Senator Kay Bailey Hutchison
supported Smith's reelection, but she endorsed Willett in the 2006 race. Cornyn and Texas Attorney General Greg Abbott
, himself a former Texas Supreme Court justice, also endorsed Willett. The San Antonio Express-News
endorsed Willett, but the Fort Worth Star-Telegram
backed Smith.
Smith lost to Willett by 4,979 votes. He sought a recount. Willett's victory came largely from his strong showings in populous Harris
, Tarrant
, Dallas
, Bexar
, Gregg
, and Travis
counties. Smith ran well in Brazos
, Tom Green, Victoria
, and Potter counties as well as in numerous less-populated counties.
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
former Texas Supreme Court
Texas Supreme Court
The Supreme Court of Texas is the court of last resort for non-criminal matters in the state of Texas. A different court, the Texas Court of Criminal Appeals, is the court of last resort for criminal matters.The Court is composed of a Chief Justice and eight Associate Justices...
associate justice, who was defeated for renomination in 2004 through the active opposition of Governor Rick Perry
Rick Perry
James Richard "Rick" Perry is the 47th and current Governor of Texas. A Republican, Perry was elected Lieutenant Governor of Texas in 1998 and assumed the governorship in December 2000 when then-governor George W. Bush resigned to become President of the United States. Perry was elected to full...
. He was unseated by Paul W. Green
Paul W. Green
Paul W. Green is a Justice on the Supreme Court of Texas. He was elected to that court in November 2004 and began his term on January 1, 2005. His current term ends on December 31, 2010.- Background :...
. Smith again lost – very narrowly – a bid for nomination to the court in the March 7, 2006, GOP primary, when Perry again opposed his candidacy. Smith did not file to run in the March 4, 2008, Republican primary for the high court.
Smith served on the high Texas court from November 2002 through January 2005. He is known for his conservative
Conservatism
Conservatism is a political and social philosophy that promotes the maintenance of traditional institutions and supports, at the most, minimal and gradual change in society. Some conservatives seek to preserve things as they are, emphasizing stability and continuity, while others oppose modernism...
judicial philosophy and opposition to racial quotas
Racial quotas
Racial quotas in employment and education are numerical requirements for hiring, promoting, admitting and/or graduating members of a particular racial group. Racial quotas are often established as means of diminishing racial discrimination, addressing under-representation and evident racism against...
.
A fifth-generation Texan, Smith was reared in Everman
Everman, Texas
Everman is a city in Tarrant County, Texas, United States. The population was 6,108 at the 2010 census.Former Texas Supreme Court Justice Steven Wayne Smith, who served from 2002–2005, was reared in Everman.-History:...
south of Fort Worth
Fort Worth, Texas
Fort Worth is the 16th-largest city in the United States of America and the fifth-largest city in the state of Texas. Located in North Central Texas, just southeast of the Texas Panhandle, the city is a cultural gateway into the American West and covers nearly in Tarrant, Parker, Denton, and...
. He attended the University of Texas at Arlington
University of Texas at Arlington
The University of Texas at Arlington is a public research university located in Arlington, Texas, United States. The campus is situated southwest of downtown Arlington, and is located in the Dallas–Fort Worth metropolitan area. The university was founded in 1895 and served primarily a military...
, where he received a B.B.A. in finance, the first member of his extended family to have graduated from college. Smith attended the University of Texas Law School, where he concentrated on federal law. He graduated with honors in 1986.
After graduation, Smith worked as a bill analyst for the Texas Senate
Texas Senate
The Texas Senate is the upper house of the Texas Legislature. There are 31 members of the Senate, representing 31 single-member districts across the state with populations of approximately 672,000 per constituency. There are no term limits, and each term is four years long. The Senate meets at the...
and as a staff attorney, first for the Office of the Texas Secretary of State and then for the Texas Legislative Council. He spent three years at the legislative council and worked on redistricting
Redistricting
Redistricting is the process of drawing United States electoral district boundaries, often in response to population changes determined by the results of the decennial census. In 36 states, the state legislature has primary responsibility for creating a redistricting plan, in many cases subject to...
issues and judicial selection. There he met his wife, the former Susan Hunter, who was also on the legal staff.
“My judicial philosophy probably comes as much from working at the legislature as from anything. ... I developed a real appreciation for what goes into making public policy. The legislature is the policy-making branch. Courts should defer to the legislature, unless there's a clear constitutional reason" otherwise, said Smith.
While he was on the Supreme Court, Smith authored sixteen published opinions, including the court's landmark decision in Texas Department of Protective and Regulatory Services v. Mega Child Care. His work was lauded by current Chief Justice Wallace Jefferson.
Hopwood v. Texas
Smith was an attorney in the controversial Hopwood v. TexasHopwood v. Texas
Hopwood v. Texas, 78 F.3d 932 , was the first successful legal challenge to a university's affirmative action policy in student admissions since Regents of the University of California v. Bakke, 438 U.S. 265...
federal court case that struck down affirmative action
Affirmative action
Affirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...
policies in Texas law school admissions. In the early 1990s, Smith filed a lawsuit against the University of Texas School of Law on behalf of white applicants, including Cheryl Hopwood, who argued they had been denied entry because the school used affirmative action to bolster minority enrollment. The case was decided in favor of the students and Smith later trumpeted that success during his campaigns. Smith's opponents and many newspapers attacked him for this success. His campaign manager, David Rogers, was one of the Hopwood plaintiffs.
Primary Election of 1998 (Losing to Hankinson)
In 1998, Smith ran for the Republican nomination for Place 4 on the Texas Supreme Court. Smith's opponent was incumbent Deborah Hankinson, who had been appointed to the Court in 1997 by then-Governor George W. Bush.In the Republican primary, Smith lost to Hankinson by a tally of 59.41 percent to 40.58 percent.
Election of 2002 (Winning Election)
Smith was elected to the court in 2002 by first defeating Xavier RodriguezXavier Rodriguez
Xavier Rodriguez is a former Justice on the Texas Supreme Court and currently sits on the bench as a Judge of the United States District Court for the Western District of Texas.-Early life and education:...
, an appointee of Governor Rick Perry, in the Republican primary. Smith polled 306,730 votes (53.49 percent) to Rodriguez's 266,648 ballots (46.50 percent). Rodriguez spent $558,000, called himself a "moderate", and lost; Smith spent $9,500, called himself a "conservative", and won in an upset.
Smith defeated Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
Margaret Mirabal in the November general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
. He polled 2,331,140 votes (54.09 percent), to Mirabal's 1,978,081 ballots (45.90 percent).
The 2002 election was for the unexpired portion of a normal six-year term. The term began with the re-election of Greg Abbott
Greg Abbott
Gregory Wayne "Greg" Abbott is the Texas Attorney General, and is the second Republican since Reconstruction to serve in that role. Abbott was sworn in on December 2, 2002, following John Cornyn's election to the U.S. Senate...
to the seat in 1998. Under the Texas Constitution, after he resigned in 2001 to run for Texas Attorney General. an election had to be scheduled for fall 2002 for the remaining two years of Abbott's original term. Thus, Smith had to run for re-election in 2004.
Primary Election of 2004 (Losing to Green)
In 2004, Smith again tapped David Rogers to manage his campaign for a full six-year term on the Supreme Court. Rogers noted that in the 2002 primary election, while grass-roots Republicans supported Smith, many political insiders did not. Smith's 2004 supporters included the Texas Eagle ForumEagle Forum
Eagle Forum is a conservative interest group in the United States founded by Phyllis Schlafly in 1972 and is the parent organization that also includes the Eagle Forum Education and Legal Defense Fund and the Eagle Forum PAC. The Eagle Forum has been primarily focused on social issues; it describes...
, former Governor William P. Clements, Jr.
Bill Clements
William Perry "Bill" Clements, Jr. was the 42nd and 44th Governor of Texas, serving from 1979 to 1983 and 1987 to 1991. Clements was the first Republican to have served as governor of the U.S. state of Texas since Reconstruction...
, (for whom Smith worked in Clements' second term), former Congressman and Railroad Commissioner Kent Hance
Kent Hance
Kent "The Hancellor" Ronald Hance is a lobbyist and lawyer who was a Democratic member of the United States House of Representatives from West Texas, having served from 1979 to 1985...
(who opposed Clements in the 1986 Republican gubernatorial primary), conservative/libertarian Congressman Ron Paul
Ron Paul
Ronald Ernest "Ron" Paul is an American physician, author and United States Congressman who is seeking to be the Republican Party candidate in the 2012 presidential election. Paul represents Texas's 14th congressional district, which covers an area south and southwest of Houston that includes...
, and California activist Ward Connerly
Ward Connerly
Wardell Anthony "Ward" Connerly is an American political activist, businessman, and former University of California Regent . He is also the founder and the chairman of the American Civil Rights Institute, a national non-profit organization in opposition to racial and gender preferences...
, president of the Civil Rights Institute.
Perry and U.S. Senator John Cornyn
John Cornyn
John Cornyn, III is the junior United States Senator for Texas, serving since 2003. He is a member of the Republican Party. He was elected Chairman of the National Republican Senatorial Committee for the 111th U.S. Congress....
opposed Smith's candidacy and he eventually lost the primary to Green. Green was unopposed in the 2004 general election.
A controversial email that Smith sent out responding to Green's attack that Smith was short on credentials may have backfired and cost Smith some support. While touting his own academic achievements at the University of Texas School of Law, Smith disparaged Green's academic achievements, namely that Green had graduated from St. Mary's University School of Law
St. Mary's University School of Law
St. Mary's University School of Law is one of the professional graduate schools of St. Mary's University. The law school is located in San Antonio, Texas, and is the oldest Catholic law school in the American Southwest. The University is a private Catholic university...
in San Antonio, a smaller and less well known law school. Senator John Cornyn is a St. Mary's alumnus. Dean Bill Piatt of St. Mary’s blasted Smith, saying that it was inappropriate for a sitting Supreme Court justice to belittle one of the law schools in the State of Texas. Piatt widely distributed a letter that he had written to Smith to many alumni of St. Mary's and others in the legal community. Smith wrote a conciliatory response letter to Piatt, but did not publicize that letter.
Primary Election of 2006 (Losing to Willett)
On January 3, 2006, Smith announced that he would enter the March 7 Republican primary for Place 2 on the Texas Supreme Court. He opposed Justice Don R. Willett of Austin, a BaylorBaylor University
Baylor University is a private, Christian university located in Waco, Texas. Founded in 1845, Baylor is accredited by the Southern Association of Colleges and Schools.-History:...
and Duke University Law School graduate who was appointed to the bench in fall 2005 by Governor Perry to replace newly confirmed Fifth Circuit Court of Appeals Judge Priscilla Owen
Priscilla Owen
Priscilla Richman Owen is a federal judge on the United States Court of Appeals for the Fifth Circuit. She was previously a Justice on the Texas Supreme Court.-Early life:...
.
Both Willett and Smith took conservative legal positions with respect to the high court, which hears civil and juvenile appeals cases. Bush announced on January 19, 2006, that he was supporting Willett.
In 2004, Senator Kay Bailey Hutchison
Kay Bailey Hutchison
Kathryn Ann Bailey Hutchison, known as Kay Bailey Hutchison , is the senior United States Senator from Texas.She is a member of the Republican Party. In 2001, she was named one of the thirty most powerful women in America by Ladies Home Journal. The first woman to represent Texas in the U.S....
supported Smith's reelection, but she endorsed Willett in the 2006 race. Cornyn and Texas Attorney General Greg Abbott
Greg Abbott
Gregory Wayne "Greg" Abbott is the Texas Attorney General, and is the second Republican since Reconstruction to serve in that role. Abbott was sworn in on December 2, 2002, following John Cornyn's election to the U.S. Senate...
, himself a former Texas Supreme Court justice, also endorsed Willett. The San Antonio Express-News
San Antonio Express-News
The San Antonio Express-News is the daily newspaper of San Antonio, Texas. It is ranked as the third-largest daily newspaper in the state of Texas in terms of circulation, and is one of the leading news sources of South Texas, with offices in Austin, Brownsville, Laredo, and Mexico City...
endorsed Willett, but the Fort Worth Star-Telegram
Fort Worth Star-Telegram
The Fort Worth Star-Telegram is a major U.S. daily newspaper serving Fort Worth and the western half of the North Texas area known as the Metroplex. Its area of domination is checked by its main rival, The Dallas Morning News, which is published from the eastern half of the Metroplex. It is owned...
backed Smith.
Smith lost to Willett by 4,979 votes. He sought a recount. Willett's victory came largely from his strong showings in populous Harris
Harris County, Texas
As of the 2010 Census, the population of the county was 4,092,459, White Americans made up 56.6% of Harris County's population; non-Hispanic whites represented 33.0% of the population. Black Americans made up 18.9% of the population. Native Americans made up 0.7% of Harris County's population...
, Tarrant
Tarrant County, Texas
Tarrant County is a county located in the U.S. state of Texas. As of the 2010 U.S. Census, it had a population of 1,809,034. Its county seat is Fort Worth. Tarrant County is the sixteenth most populous county in the United States and the third most populous in Texas. The county is named in honor...
, Dallas
Dallas County, Texas
As of the census of 2000, there were 2,218,899 people, 807,621 households, and 533,837 families residing in the county. The population density was 2,523 people per square mile . There were 854,119 housing units at an average density of 971/sq mi...
, Bexar
Bexar County, Texas
As of the census of 2000, there were 1,392,931 people, 488,942 households, and 345,681 families residing in the county. The population density was 1,117 people per square mile . There were 521,359 housing units at an average density of 418 per square mile...
, Gregg
Gregg County, Texas
There were 42,687 households out of which 33.50% had children under the age of 18 living with them, 52.00% were married couples living together, 13.50% had a female householder with no husband present, and 30.50% were non-families. 26.10% of all households were made up of individuals and 10.50% had...
, and Travis
Travis County, Texas
As of 2009, the U.S. census estimates there were 1,026,158 people, 320,766 households, and 183,798 families residing in the county. The population density was 821 people per square mile . There were 335,881 housing units at an average density of 340 per square mile...
counties. Smith ran well in Brazos
Brazos County, Texas
Brazos County is a county located in the U.S. state of Texas in the Central Texas region. In 2010, its population was 194,851. The county seat is Bryan and it is part of the Bryan-College Station metropolitan area. Brazos is named for the Brazos River, along with Brazoria...
, Tom Green, Victoria
Victoria County, Texas
Victoria County is a county located in the U.S. state of Texas. In 2000, its population was 84,088. Its county seat is Victoria. It is included in the Victoria, Texas Metropolitan Statistical Area.-Geography:According to the U.S...
, and Potter counties as well as in numerous less-populated counties.