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Choosin' Texas I Can Tell

5 0
03.11.2026

The Volokh Conspiracy

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Choosin' Texas I Can Tell

Josh Blackman | 11.3.2026 11:31 PM

A few moments ago, the networks called the Texas Senate and Governor races for the Democratic candidates. Those outcomes will get a lot of attention. But of significant interest will be the downballot judicial races in Texas.

This year, four of the nine seats on the Texas Supreme Court were on the ballot. Unless something unexpected happens, all four will lose: Chief Justice Jimmy Blacklock, Justice James P. Sullivan, Justice Kyle Hawkins, and Justice Brett Busby. These are all brilliant judges. Three of them clerked on the United States Supreme Court. Chief Justice Blacklock has been a strong leader, following in the footsteps of Chief Justice Nathan Hecht. But the qualifications do not matter. Everything was on the party line. The Texas Supreme Court will now have five Republican members and four Democratic members. One might expect a number of 5-4 cases for controversial cases. Then again, the Chief Justice is now the administrator of the state court system, which entails some important........

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