Judge Yeary Declares: "Opinions Are Not The Law"!
Judge Yeary says: "Opinions Are Not The Law!" Opinions are important because they explain to the parties why the court made its decision. They also can constitute "Rules of Decision" that bind the lower courts to follow an opinion as precedent. But it is important for all of us to understand these "Rules of Decision" as rules, because rules rank below statutes and constitutions in the hierarchy of laws.
In our constitutional system, the courts have no "legislative power." They do not make the law. So when a "Rule of Decision" is in conflict with a statute or constitution, the statute or constitution must prevail. If you agree with Judge Yeary, hit the DONATE button on his home page and contribute to his state-wide re-election campaign!
Judge Kevin Patrick Yeary Announces Intent to Seek Re-Election in 2026
It has been my greatest professional honor to serve Texas for the last 10 years on our Court of Criminal Appeals. From the very beginning, I pledged to uphold the constitution and laws of the United States and of this State. Because I also understand that those constitutions and laws are not written by me (judges should not make or change the law, but only apply it as written by others), I have used restraint when exercising the judicial power. I am now seeking re-election, in 2026, to Place 4 on the Court of Criminal Appeals of Texas. I would love to have your support!
