A few moments ago, the networks called the Texas Senate and Governor races for the Democratic candidates.
asserted
networks → call → candidates
Those outcomes will get a lot of attention.
asserted
outcomes → get → attention
Unless something unexpected happens, all four will lose: Chief Justice Jimmy Blacklock, Justice James P. Sullivan, Justice Kyle Hawkins, and Justice Brett Busby.
asserted
four → happen → ?
Three of them clerked on the United States Supreme Court.
asserted
Three → clerk → Court
Chief Justice Blacklock has been a strong leader, following in the footsteps of Chief Justice Nathan Hecht.
asserted
Blacklock → follow → Hecht
But the qualifications do not matter.
asserted
qualifications → matter → ?
The Texas Supreme Court will now have five Republican members and four Democratic members.
asserted
Court → have → members
One might expect a number of 5-4 cases for controversial cases.
uncertain
One → expect → cases
Then again, the Chief Justice is now the administrator of the state court system, which entails some important responsibilities.
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which → entail → responsibilities
The Texas Court of Criminal Appeals (the court of last resort for criminal cases) had three seats on the ballot.
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Court → have → ballot
Again, unless something happens, all three will lose.
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three → happen → ?
I don't see too much changing on that Court.
asserted
I → see → Court
Recently, the Fifteenth Court of Appeals was created as a statewide constitutional court.
asserted
Court → create → court
Virtually all suits against the government are routed to that court.
asserted
suits → rout → court
Unless something happens, all three will lose.
asserted
three → happen → ?
The Court will now have 100% Democratic members.
asserted
Court → have → members
I would expect a lot mandamus suits to the Texas Supreme Court.
asserted
I → expect → Court
I haven't had time to go through the returns from the local courts, but it appears that most of the incumbent republican judges will lose office.
asserted
most → have → office
This will be an even bigger bloodbath than 2018, when the Beto wave wiped out nearly all of the Republican judges in Houston, Austin, Dallas, and other large cities.
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wave → wipe → Houston
So much judicial experience for non-controversial judges will go down the tube.
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experience → go → tube
The Governor of Texas is fairly weak, as compared to other states, but he does have the power to appoint new members of the Texas Supreme Court and other courts when vacancies arise.
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vacancies → compare → Court
Recently, the Texas legislature created a new Texas Business Court.
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legislature → create → Court
This court was designed to compete with Delaware.
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court → design → Delaware
Many of the current Texas business courts are not likely to be reappointed.
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Many → reappointe → courts
This election will significantly affect businesses that chose to make Texas their headquarters.
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Texas → affect → businesses
The Texas Attorney General Race will also likely go to the Democratic candidate.
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Race → go → candidate
I would suspect that all of the conservative strategic litigation cases brought by Attorney General Paxton will be dismissed.
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all → suspect → Paxton
Indeed, it is conceivable that the new Texas Attorney General would not defend the Texas Ten Commandments Law if cert is granted.
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cert → defend → Law
(The BIO will be filed soon.)
asserted
BIO → file → ?
The Texas Attorney General will also not bring original jurisdiction actions before the Supreme Court of Texas.
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General → bring → Texas
Going forward, all of the strategic forums in Texas will be severely underutilized.
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all → go → Texas
The only court where the Texas Attorney General might file cases will be in Austin.
uncertain
General → file → Austin
I should note that one seat on the Western District of Texas remained vacant for two years, and will likely remain vacant.
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seat → note → years
But beyond the strategic litigation, the Texas Attorney General will now be able to investigate all of the corporations that moved to Texas.
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that → investigate → Texas
Despite my best efforts, Judge Southwick will get the last laugh.
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Southwick → get → laugh
Todd Butler will almost certainly be confirmed.
asserted
Butler → confirm → ?
But the Fifth Circuit will likely be a lot quieter, given the lack of Texas Attorney General cases.
asserted
Circuit → give → cases
I also hope this means that Judge Rudofsky will get a vote, as that Eighth Circuit seat would remain vacant for the foreseeable future.
asserted
seat → hope → future
Indeed, the Eighth Circuit may be the only viable forum for a Republican AG to bring cases starting in 2026.
uncertain
AG → bring → 2026
They did what Justice Breyer could not--resist the pressure.
uncertain
They → do → pressure
…and 3 more, not listed.
The Aporia
