In a recent Texas Lawbook interview, LPHS attorney David Coale discussed the implications of the Texas Supreme Court's shift in accepting certified questions from the Fifth Circuit.

“Some of it could be attributed to the November 2020 U.S. Supreme Court ruling in McKesson v. Doe, where SCOTUS reversed the Fifth Circuit and held it should have certified a question of state law to the Louisiana Supreme Court,” Coale explained. “But the broader message in McKesson was ‘Take advantage of this tool.’”

During the past three years, the Fifth Circuit has sent more certified questions to the Texas Supreme Court than in previous decades, with a notable increase—five in 2021, six in 2022, and four in the current year.

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