Texas’ Abbott Can Pick Judges in VW, Audi Case, Top Court Says

Gov. Greg Abbott (R) will be able to appoint two substitute justices to participate in the Volkswagen AG and Audi AG “diesel cheat” software updates lawsuit, after two justices in the Texas Supreme Court recused themselves.

The appointment can proceed because the governor wasn’t the party bringing the underlying lawsuit. Instead it was Attorney General Ken Paxton (R) who brought the lawsuit on the behalf of a state environmental agency, the Texas high court said Friday.

The court concluded that because these actions weren’t brought by Abbott or at his direction, party status can’t be imputed to the governor.

“The ...