Abbott Lures Supreme Court Clerks to Build a Roster of Justices

Texas Gov. Greg Abbott’s staff lined up appointment interviews with seven of the state’s top judges as he searched last fall for the next justice he’d add to the state’s Supreme Court.

They boasted decades of judicial experience, elite law school credentials, and track records for winning partisan elections—and Abbott passed each of them over.

Abbott wants to give Texas “the deepest state supreme court bench in the country,” his spokesperson said in a statement, and in his quest to do that has lured more former US Supreme Court clerks to his state’s top bench than any other state in the country. Before he became governor in 2015, Texas had never had a single high court clerk. Abbott has appointed three.

Kyle Hawkins, a decorated appellate attorney and former state solicitor general, was Abbott’s pick on Oct. 24 to succeed the retiring Jeff Boyd. Hawkins had never been a judge, but he clerked for Justice Samuel Alito, a credential none of the others could claim.

Considered the highest academic achievement for law graduates and limited to about three dozen a year, a Supreme Court clerkship can lead to a seven-figure salary from private firms. The annual salary for a new Texas Supreme Court justice is just $210,000, which follows a recent 25% pay increase.

“Texas gains a real advantage from having justices who were mentored by US Supreme Court justices and exposed early in their careers to the highest level of the legal profession,” said Gibson Dunn partner Ashley Johnson, a former Supreme Court clerk. “Their decision to forgo more lucrative private-sector opportunities in favor of public service is a testament to them and a meaningful benefit to the State of Texas.”

Only six states other than Texas have high court justices with SCOTUS clerkships. According to a Bloomberg Law analysis of all 50 states, California has the second most with two. New York, Georgia, New Jersey, Tennessee, and Massachusetts each have one. Colorado recently dropped off the list with the retirement of Justice Melissa Hart.

The analysis is imperfect because each state has different processes for picking justices and most have five or seven seats on their high courts, while Texas and just four other states have nine. About half of states select justices through governor appointments and some of those rely on help from nominating commissions.

However in Texas, Abbott’s appointments are solely responsible for the rise in former clerks. He appoints justices with no approval from lawmakers unless they’re in session prior to the next election. Once appointed, justices in Texas must run for a term of six years.

Abbott outfitting the high court with high court clerks “is a reflection of the Texas government’s demonstrated push to elevate the state court system to first-in-class in the country—which is itself part of a broader plan by the state government to attract business and grow the state,” said Kirkland & Ellis LLP’s George W. Hicks, Jr., who clerked for Chief Justice John Roberts.

In a statement, Hawkins called the appointment “The honor of a lifetime. It’s also the responsibility of a lifetime.”

He’s unopposed in the March primary.

Busby, Young, and Hawkins

Texas Supreme Court Justice Brett Busby, who clerked for Justice John Paul Stevens, became the first Supreme Court clerk on the state’s highest civil court in 2019.

Abbott “knows how to inspire people” to choose public service, Busby said.

In 11 years as governor, Abbott has made 211 judicial appointments across all levels of the judiciary—including seven on the state Supreme Court. In addition to the three US Supreme Court clerks, three other Abbott high court picks clerked on a federal appeals circuit—the next highest honor for law graduates.

Busby, campaigning for re-election in the March primary, says he has decided to pursue another term rather than return to private practice because he enjoys regulating the judicial and legal professions through the court’s administrative powers.

“It’s pretty striking how much public confidence is down in government institutions generally, but the judiciary included,” he said. “That’s something in our bailiwick to address under the constitution.”

Two years after Abbott appointed Busby, another vacancy on the court led him to a second US Supreme Court clerk: Evan Young, who clerked for Justice Antonin Scalia.

The Field

There was a strong field of applicants to fill the latest vacancy, according to public records that reveal the candidates Abbott’s office interviewed.

On Oct. 2, his aides spoke with Justices Scott Field and April Farris, both of the statewide intermediary appeals court, as well as Judge Melissa Andrews of the Texas Business Court and Justice Jennifer Caughey of a Houston appeals court.

Three more candidates interviewed in the following days: Chief Justice Jaime Tijerina and Justice Ysmael Fonseca of the Corpus Christi appeals court, and Natalie Thompson, of Alliance Defending Freedom. An interview with Emily Miskel of the Dallas appeals court was canceled and not rescheduled.

Meanwhile, Hawkins flew under the radar until an Oct. 15 interview. The announcement came a little more than a week later.

Hawkins’ appointment blindsided court watchers who figured he had moved on from public service following a brief stint on President Donald Trump’s transition team in early 2025. Twice in the weeks leading up to the announcement, Hawkins argued cases to the state Supreme Court, which was short-handed as his soon-to-be colleagues awaited word from Abbott on the pick. Hawkins was handling appeals for Lehotsky Keller Cohn LLP, a national boutique firm.

“When you’re running a relay and have to hand off the baton,” Boyd said of Hawkins,"it’s nice to hand it to someone who’s faster than you.”