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Brister confirmed as justice without single vote to spare By JANET ELLIOTT Copyright 2004 Houston Chronicle Austin Bureau AUSTIN -- Former Houston judge Scott Brister barely received the number of votes he needed Tuesday to be confirmed as a justice on the Texas Supreme Court. Brister, who once posted the Ten Commandments in his Houston courtroom, got 19 votes, exactly the two-thirds majority necessary to be confirmed. Nine Democratic senators voted against him, including Houston Sens. Rodney Ellis, Mario Gallegos and John Whitmire. Three senators were absent during voting. Brister was appointed by Gov. Rick Perry last November to a vacancy on the high court. Perry elevated Brister from Houston's 14th Court of Appeals, where he served as chief justice. Brister also served on Houston's other intermediate appellate court, the 1st Court of Appeals, and was a judge for the 234th District Court in Harris County for 11 years. Sen. Gonzalo Barrientos, D-Austin, criticized Brister for failing to answer questions during his recent confirmation hearing about the separation of church and state, judicial selection, attorney-client privilege and private school vouchers. "Never in my entire time in the Senate have I faced the kind of answers that were given by this nominee," said Barrientos. Barrientos and Sen. Juan Hinojosa, D-McAllen, clashed with Brister last week when the justice appeared before the Senate Nominations Committee. "Do you believe in separation of church and state?" Hinojosa asked Brister. "It depends on the circumstances," replied Brister. Brister said he never noticed attorneys or juries being influenced by his display of the Ten Commandments. But in 1998, Houston lawyer Daniel Shea sued to force Brister to remove the Ten Commandments from the wall. A federal judge ruled that Shea did not have a legal interest, or "standing," to challenge Brister's display. Before becoming a judge, Brister provided free legal representation to abortion opponents. In January 1987, he represented Right to Life Advocacy Inc., which wanted to distribute anti-abortion pamphlets at middle and high schools. At the time of his nomination, Brister said he would not recuse himself from any cases involving abortion rights. ----- "I want you to let a wave of intolerance wash over you. I want you to let a wave of hatred wash over you. Yes, hate is good...Our goal is a Christian nation. We have a biblical duty, we are called by God, to conquer this country. We don't want equal time. We don't want pluralism." ---the Terrorist Randall Terry, founder of Operation Rescue, Indiana News Sentinel
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