Choosin' Texas I Can Tell

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Cite

Blackman, J. (2026, November 4). Choosin' Texas I Can Tell. Reason. https://reason.com/volokh/2026/11/03/choosin-texas-i-can-tell/

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Reason · collected 2026-11-04 · by Josh Blackman

Quick Summary

In recent elections, Democrats won the Texas Senate and Governor races, but significant changes are occurring in judicial positions. Four seats on the Texas Supreme Court and three on the Texas Court of Criminal Appeals were filled by Democratic candidates, shifting party balances. Additionally, all members of a newly established Fifteenth Court of Appeals will also be replaced with Democrats, potentially affecting how cases against the government are handled. These shifts could impact business operations and legal strategies in Texas significantly.
Written by AI on 2026-11-04, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

As of November 4, 2026, Democrats won the races for both Governor and Senate in Texas, marking significant shifts in state politics. This election also saw four out of nine seats on the Texas Supreme Court changing hands, with Chief Justice Jimmy Blacklock, Justice James P. Sullivan, Justice Kyle Hawkins, and Justice Brett Busby all expected to lose their positions to Democratic candidates. The current composition of the court will shift from a majority Republican status to five Republicans and four Democrats, potentially leading to more 5-4 decisions on contentious issues. Similarly, in the Texas Court of Criminal Appeals, three seats were up for grabs, with Republicans likely losing those as well. These outcomes highlight the broader political realignment in Texas, impacting not only legislative but also judicial spheres.

Written for “Choosin' Texas I Can Tell” on 2026-11-04, grounded in this article and the 0 other(s) covering the same event.
Why this leaning score
The article's own words the score was based on. Each is quoted verbatim and was checked against the article text before being stored, so you can find it in the original.
Reading Leans left (beta estimate) Confidence high
Leaning: leans left for article 127664 (high confidence, 3 verified quotes) · logged 2026-11-04

Story

📰 Choosin' Texas I Can Tell
Politics · 1 article(s) covering the same event.

Compared with similar articles

This article reads leans left and hedges 9% of its claims. Each row says how that neighbour differs.
The Guardian
Hedges 1 of 44 claims Outlet record 66/100
“Article A provides an overview of the US midterm elections, while Article B focuses specifically on the outcomes in Texas Senate and Governor races as well as judicial races.”
TIME
⚖️ Leans left Hedges 8 of 34 claims Outlet record 59/100
“Article A focuses on the judicial races and outcomes for the Texas Supreme Court, while Article B discusses broader electoral shifts in Texas Senate and Governor races.”
Toronto Star
Hedges 3 of 47 claims Outlet record 64/100
“Article A discusses expectations for the election day in Texas, while Article B reports on the outcomes of specific races after the election.”
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
43
sentences that state something as happening or true
Uncertain
9%
4 of 43 hedged ("reportedly", "may", "according to")
Leaning
Leans left
of the writing, not the subject · beta estimate
Publisher signals
67/100
Reason's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
1
Politics
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-11-04 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

Reason · 1111 article(s) · 4 correction(s) detected
Running correction rate · 4 correction(s)

Who wrote this

Josh Blackman
92 article(s) here · 1 carrying a prediction
🔮 Those outcomes will get a lot of attention.
2026-11-04 · assertive framing · Choosin' Texas I Can Tell
🔮 And Kagan spared California the fate that befell Missouri, which had to file a pointless brief that no one would read.
🔮 I thought it might be worthwhile to dig into the numbers a bit more.
🔮 Today the law firm of Weil Gotshal announced that it would wind down.
2026-10-28 · assertive framing · Farewell to Weil
🔮 And her unwillingness to participate in any disciplinary proceedings suggests something is amiss.
🔮 Longtime readers will recall that I took mileage runs to Singapore, Hong Kong, and Sydney to make status at the end of the year.
2026-10-28 · assertive framing · 1,000,000 Miles on United
🔮 Let's hope that people across the media industry will take Josh Blackman's criticism to heart.
2026-10-27 · assertive framing · The Wall Street Journal Praises The Old Gray Lady
🔮 New from Reason: a look into what Javier Milei has accomplished and what it will take to make the most of Argentina’s window for real change.
2026-10-26 · assertive framing · Today in Supreme Court History: October 26, 1774
🔮 ] There have been many news reports suggesting that the United States Department of Justice may pursue denaturalization proceedings against Representative Ilhan Omar.
🔮 Nevertheless, the next two decades would vastly enlarge the president's powers as Congress' authority over the executive branch would be greatly diminished.
Also by Josh Blackman
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 92 articles by Josh Blackman →

Topics

Democratic Republican Texas the Texas Supreme Court the United States Supreme Court

Subjects

Texas GPE · 14× Democratic NORP · 4× the Texas Supreme Court ORG · 4× Republican NORP · 3× Austin GPE · 2× Brett Busby PERSON · 1× James P. Sullivan PERSON · 1× Jimmy Blacklock PERSON · 1× Kyle Hawkins PERSON · 1× the United States Supreme Court ORG · 1×

Narrative

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.
framing: assertive · carried by 1 article(s) · first seen 2026-11-04
🔮 Those outcomes will get a lot of attention.
2026-11-04 · Reason
Choosin' Texas I Can Tell · assertive framing

Claims (43 extracted, 4 hedged)

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. asserted
which → entail → responsibilities
The Texas Court of Criminal Appeals (the court of last resort for criminal cases) had three seats on the ballot. asserted
Court → have → ballot
Again, unless something happens, all three will lose. asserted
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. asserted
wave → wipe → Houston
So much judicial experience for non-controversial judges will go down the tube. asserted
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. asserted
vacancies → compare → Court
Recently, the Texas legislature created a new Texas Business Court. asserted
legislature → create → Court
This court was designed to compete with Delaware. asserted
court → design → Delaware
Many of the current Texas business courts are not likely to be reappointed. asserted
Many → reappointe → courts
This election will significantly affect businesses that chose to make Texas their headquarters. asserted
Texas → affect → businesses
The Texas Attorney General Race will also likely go to the Democratic candidate. asserted
Race → go → candidate
I would suspect that all of the conservative strategic litigation cases brought by Attorney General Paxton will be dismissed. asserted
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. asserted
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. asserted
General → bring → Texas
Going forward, all of the strategic forums in Texas will be severely underutilized. asserted
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. asserted
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. asserted
that → investigate → Texas
Despite my best efforts, Judge Southwick will get the last laugh. asserted
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.
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