Following the November 3 midterm election, in which Democrats won all ten statewide judicial races on the Texas ballot (four seats on the Supreme Court of Texas, three on the Court of Criminal Appeals, and all three seats on the new Fifteenth Court of Appeals, which hears appeals from the Texas Business Court), leading legal publications sought out Jackson Walker attorneys to explain what the results mean for Texas courts, businesses, and dealmakers.

Partners Chip Babcock, former Texas Supreme Court Chief Justice Nathan L. Hecht, Chris Bankler, and Byron F. Egan shared their perspectives with Bloomberg Law, The Texas Lawbook, and Texas Lawyer on the shift in judicial power, the outlook for the Texas Business Court and the Fifteenth Court of Appeals, and the implications for corporate governance and transactions in the state.

Chip Babcock in Bloomberg Law: The Business Court Is Here to Stay

In “Texas Judicial Power Shifts to Democrats in Massive Blue Wave,” Bloomberg Law examined how the results shift judicial appointment power to Governor-elect Gina Hinojosa, who in 2028 will review the ten Business Court judges reappointed this summer.

Chip said he expects Governor-elect Hinojosa will keep the current roster of Business Court judges. He expects the incoming governor “would see the wisdom of having courts that are dedicated to the types of things that the Delaware Chancery Court is dedicated to.”

Former Chief Justice Nathan Hecht in The Texas Lawbook: Change Without Sudden Shifts

In “Civil Litigation Experts: 2026 SCOTX, 15th COA and Texas AG Elections Will Have ‘Monumental Impact’,” The Texas Lawbook interviewed senior members of the Texas bar about the results in the Supreme Court of Texas, Fifteenth Court of Appeals, and attorney general races. Former Texas Supreme Court Justice Nathan Hecht said, “It is difficult to say which of the three is more important. All play critical roles in the Texas justice system.”

He noted that the Fifteenth Court of Appeals’ administration may change because “the court is relatively new and less settled in its operations, and the entire membership is changing,” adding, “The jurisprudence of the court is likely to change significantly, given the new justices.” He described Attorney General-elect Nathan Johnson as a “seasoned lawyer and effective member of the Texas Senate.”

As for the Texas Supreme Court, he called it the most significant of the three for practitioners: “I would say the Supreme Court is more important to the litigation practice in Texas, because it both decides the law and sets procedural rules.” He added, “The jurisprudence of the [Supreme] Court will be shaped by the new justices’ participation, as always. But again, I would not expect sudden shifts.”

Chris Bankler in Texas Lawyer: What Changes for the Courts

In “‘People Wanted Change’: Blue Wave Reshapes Texas Courts,” Chris spoke with Texas Lawyer about the significant changes coming to Texas courts following the election, including shifts on the Supreme Court of Texas, the Fifteenth Court of Appeals, and the state’s business courts.

Chris noted that the Fifteenth Court of Appeals justices had received good reviews and had been expected to keep their seats. Looking ahead to the Supreme Court of Texas, where Republicans will hold a narrower 5-4 majority, he said he does not expect gridlock: “Our Texas Supreme Court has a unique history of being able to work through difficult issues, and even sometimes political issues, without some of the acrimony that we see in other courts.”

Chris also pointed out that all ten Business Court judges were recently reappointed to terms that end together in 2028, giving Governor-elect Hinojosa the chance to keep them or name an entirely new set. “The judges who weren’t on the ballot last night, the Texas business court judges, are the ones that may end up changing more of the direction of where things are going than people anticipate,” he said.

At the same time, he cautioned against assuming a partisan shift on the Business Court: “The judges and the issues in the business court are not inherently partisan, and there’s no reason to assume a change, other than you have people who were just elected last night, including obviously Governor-elect Hinojosa, who are promising change.”

Chris is a recognized leader in Texas Business Court litigation and publishes TexasBusinessCourts.com, where he regularly analyzes Business Court opinions.

Byron Egan in The Texas Lawbook: Texas Remains an Alternative to Delaware

In “Shock & Y’all: Texas Dealmaking in a New Shade of Blue,” The Texas Lawbook spoke with transactional lawyers fielding client questions since Election Night about what the election results mean for deals in Texas.

The article described Byron as “an acknowledged philosophical force behind both the far-reaching reconfiguration of Texas corporate governance and the establishment of the nascent Texas Business Court.” A self-described “DExit Guy,” Byron discussed what the change in state leadership means for companies weighing a move from Delaware to Texas: “A lot of people have come to Texas because of the business court. They like the legislation that came out of the last couple of sessions of the state legislature, so now the business court is going to be a question mark.”

Even so, Byron expects the incoming administration to recognize the value of the court, saying he believes Governor-elect Hinojosa is “going to be interested in having a business court that’s going to attract business that’s going to be good for revenue in Texas.” “I think people are (still) going to be comfortable with Texas as an alternative.”

Byron was instrumental in the legislation creating the Texas Business Court and has been involved in drafting most of Texas’ business entity statutes, including the Texas Business Organizations Code. He is the author of EGAN ON ENTITIES: Corporations, Partnerships and Limited Liability Companies in Texas (5th Edition, 2025).

Jackson Walker’s Texas Business Court and Appellate Experience

Jackson Walker attorneys have handled one of the largest volumes of cases before the Texas Business Court and track every opinion as it is issued. As the composition of the Supreme Court of Texas and the Fifteenth Court of Appeals changes in January, and as a new administration takes over judicial appointments, our trial, appellate, and corporate teams are ready to help clients understand how these developments may affect pending litigation, forum selection, redomestication decisions, and transactions.

To stay current on Business Court developments, visit TexasBusinessCourts.com.