Debra Lehrmann, a Republican justice on the Texas Supreme Court, is considering retiring before her term expires, a move that could flip control of the court, according to a report by Bloomberg Law.
Following a blue wave that narrowed the GOP’s majority on Texas’ highest court to a single seat, Lehrmann’s early retirement could create yet another pickup opportunity for Democrats. Four of Lehrmann’s Republican colleagues on the nine-justice court lost their seats to Democrats in Tuesday’s election.
If Lehrmann retires after Gov.-elect Gina Hinojosa, the Democrat who unseated incumbent Republican Gov. Greg Abbott, takes office, Hinojosa would appoint her replacement. However, if Lehrmann steps down before Abbott leaves office, he could appoint a replacement instead.
Democratic control of the Texas Supreme Court could alter major policy decisions in the state, including redistricting, voting rights, THC regulation and abortion rights.
For example, in its May 1 decision in Texas Department of State Health Services (DSHS) v. Sky Marketing Corp., the court ruled that the state agency has legal authority to classify manufactured delta-8 THC as a Schedule I controlled substance.
The ruling led to a statewide ban championed by Republican Lt. Gov. Dan Patrick, who made outlawing THC products a centerpiece of his legislative agenda.
Lehrmann, the court’s longest-serving justice, is among its most moderate Republicans. She was the sole dissenter in a 2024 ruling upholding a GOP-passed ban on certain types of gender-affirming care for children, calling the law “cruel” and “unconstitutional.”
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