Republican Texas Supreme Court Justice Debra Lehrmann has refuted rumors that she was “not ruling out” retiring before her term ends in 2028. The move could have flipped the Court blue for the first time since 1994.
Following the Democrats’ sweeping victory of statewide offices last week, the Texas Supreme Court will shift from 9-0 Republican control to 5-4 Republican control in January. Known for being the least conservative Republican on the court, Justice Lehrmann, 69, is now expected to be the swing vote in many cases.
Normally, only three of the Texas Supreme Court’s nine seats come up for election every two years, as justices serve staggered six-year terms. If this were true in 2026, Democrats would only have been able to secure a 6-3 minority, as they did on the Court of Criminal Appeals.
However, Gov. Abbott’s appointment of Justice Jimmy Blacklock (R) to chief justice in 2025 created a vacancy for Place 2, which was not due for an election until 2030. Abbott then appointed James P. Sullivan (R) to fill the Place 2 vacancy until the 2026 General Election.
This put four seats on the ballot in 2026, allowing Democrats to capture a narrow minority. Gov.-elect Gina Hinojosa (D) will have the opportunity to fill any vacancies on the court for the next four years.
The Reporting
On Tuesday, Bloomberg Law reported that Lehrmann “hasn’t ruled out retiring before her term expires” in 2028, just two years away.
Republicans began questioning whether she would do so before Hinojosa took office, allowing Gov. Abbott to appoint one of the outgoing Republican justices back to the Court, and whether the Senate would be able to confirm them in the first seven days of session before Hinojosa took office.
Otherwise, Lehrmann would have effectively handed the Court over to Democrat control, with Hinojosa appointing her successor until the next General Election in 2028.
On Wednesday, Lehrmann posted to Facebook, clarifying that she will not retire before the end of her term.
“I am honored to have the privilege of serving the people of Texas as the Senior Justice on the Supreme Court of Texas,” wrote Lehrmann. “For decades, I have strictly applied the law to the facts of every case and diligently adhered to the rule of law. I look forward to doing so for years to come and have no plans to step down from the court.”
Republican Goals Going Forward
With that settled, Republicans’ focus will be on maintaining and strengthening the party’s majority on the Court. Should Lehrmann run for re-election in 2028, she will likely face a difficult primary challenge.
Texas Supreme Court justices are also subject to a constitutional mandatory retirement age of 75. This means Lehrmann would not be able to complete another full six-year term and would have to be replaced via gubernatorial appointment in 2031.
In 2028, Democrats would only need to pick up one of three seats to secure a majority on the Court. After having swept statewide races in 2026 as a part of the nationwide “blue tsunami,” it is unclear how Texas Republicans will perform in 2028.
Despite the Democrats having taken over many statewide offices, Republicans can still block any legislation passed by the House with a majority in the Senate. Similarly, even though Democrats won many judicial offices, Republicans still control Texas’ only two “Courts of last resort.”
Rulings by Democratic judges can ultimately be reviewed by the Texas Supreme Court in civil cases or the Court of Criminal Appeals in criminal cases, should they decide to hear them.
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