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Choosin’ Texas I Can Tell
The article says Democratic candidates are poised to win Texas’s Senate and governor races, while Republicans are also set to lose several judicial elections. The author argues that party-line voting, rather than judges’ qualifications, drove the results, which could reshape Texas courts and the state’s approach to litigation.
Four of nine Texas Supreme Court seats were contested, and the author expects all four Republican incumbents to lose, leaving a five-to-four Republican majority. Three seats on the Court of Criminal Appeals were also contested, but the author expects its conservative majority to remain. All three members of the newly created Fifteenth Court of Appeals are expected to lose, potentially leaving it entirely Democratic. The article also anticipates changes to local courts, the Texas Business Court and the attorney-general’s litigation strategy, while noting that some election outcomes remain uncertain.
In short
- Democrats are projected to win major Texas races.
- Republican judges face widespread losses across the state.
- The shifts could change Texas courts and litigation.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
If voters elect judges, party affiliation can be a legitimate signal of their broad approach to legal interpretation and public policy, especially when judicial records are difficult for voters to assess. A change in party control may also make courts more representative of the electorate and prompt scrutiny of a judiciary perceived as aligned with one political camp; shifts in litigation strategy would then reflect voters’ choices about state priorities.
The case against
Judicial elections are meant to select qualified, independent judges, so voting chiefly by party risks replacing assessment of legal ability and impartiality with a partisan contest. Rapid changes in court composition could weaken continuity and public confidence, particularly if outcomes are treated as mandates to advance a party’s agenda; the courts’ legitimacy depends on applying the law consistently, including when decisions displease the majority.
Explained simply
Texas voters elect the judges who sit on the state’s highest courts, as well as their governor and lawmakers. The Texas Supreme Court hears civil cases, while the Court of Criminal Appeals is the state’s final authority on criminal cases. The Fifteenth Court of Appeals is a newer court with a statewide role in certain disputes, including some involving state agencies.
Judicial candidates run under party labels, so voters may use those as a guide when they know little about a candidate’s legal record. The balance of judges on these courts can affect how disputes are decided and which cases reach the highest level. Changes in court membership may also influence the state’s litigation choices and the work of its newer business court.