The principal issues that led to the defeat of the nomination, which centered on Owen’s opinions as a Texas Supreme Court justice, eclipsed another problem that affects judicial selection in many areas of the country — the election of judges and the influence that money can have on those elections.
Owen was asked by several Democratic members of the Senate Judiciary Committee about campaign contributions she had accepted from employees and officials of companies that later appeared before her as litigants. Her failure to recuse herself was not deemed unethical, but the line of questioning pointed out a major shortcoming of the Texas system, one that Owen herself has denounced.
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