Scoring · Jurists
Borkian judicial restraint
defer-to-democratic-majorities, 1971–present
United States Department of Justice. Public domain via Wikimedia Commons.
Borkian restraint137 defers to democratically-enacted statutes and resists judicial recognition of unenumerated rights, favoring majoritarian enforcement. Abbott's record is heavily majoritarian: SB 8, SB 10, SB 14, SB 17, HB 1927, SB 12. But his August 2025 ask of the Texas Supreme Court to vacate House seats is aggressive judicial-power — the opposite of restraint. Hinojosa runs against Bork by design.
Issue
Abbott
Hinojosa
Defer to legislative majority (SB 8, SB 10, SB 14, SB 17, HB 1927, SB 12)
Helps
Hurts
Abbott: Helps · Hinojosa: Hurts
Borkian restraint defers to whatever the legislature passes; Abbott's signing-and-defending posture across SB 8, SB 1044, SB 1493, SB 17, HB 192779, and SB 12 is the precise Borkian deference, while Hinojosa's no-votes and preference for judicial intervention to strike them down1 runs against the Bork principle by design.
Resist judicial recognition of unenumerated rights
Helps
Hurts
Abbott: Helps · Hinojosa: Hurts
Bork's foundational move was rejecting unenumerated-rights jurisprudence; Abbott's defense of SB 8 and the trigger ban rests on that exact rejection, while Hinojosa's amendment shifting SB 10 Establishment Clause defense costs to the AG44 (forcing rights-protective judicial intervention) is the opposite move.
Aggressive judicial-power request (Aug 2025 vacate-seats)
Hurts
—
Abbott: Hurts · Hinojosa: —
Borkian restraint counsels against asking courts to overturn democratic results; Abbott's August 2025 request that the Texas Supreme Court vacate Democratic House seats30 is an aggressive judicial-power ask — the precise opposite of restraint. Hinojosa did not make this kind of request, so the row does not move her against Bork.
HB 1927 permitless carry signed and defended
Helps
Hurts
Abbott: Helps · Hinojosa: Hurts
Borkian restraint defers to legislative majorities; Abbott's signing of HB 1927 permitless carry79 and its subsequent defense in court is the precise majoritarian deference Bork's framework recommends, while Hinojosa's point of order against permitless carry shows the opposite — substantive preference overriding majority enactment.
SB 12 pronouns ban signed and defended
Helps
Hurts
Abbott: Helps · Hinojosa: Hurts
Bork's framework asks whether the legislative product is enforced rather than whether it is wise; Abbott's signing and defense of the SB 12 pronouns ban tracks the legislative-supremacy commitment, while Hinojosa's no-vote and her HB 73 filing reflect the unenumerated-rights recognition Bork specifically rejected.
Sources
- Gina Hinojosa for Texas Governor, official campaign priorities page, accessed May 2026. (full list)
- CBS News Texas, 'Texas Supreme Court declines to declare seats vacated in Democrats' quorum break,' 2025. (full list)
- Texas Tribune, 'Ten Commandments in Texas schools: SB 10 explained,' May 24, 2025. (full list)
- Cassandra Pollock, 'Abbott signs HB 1927, Texas permitless-carry law,' Texas Tribune, June 16, 2021. (full list)
- Eleanor Klibanoff, 'Texas bans gender-affirming care for trans minors,' Texas Tribune, June 2, 2023. (full list)
- Robert Bork, judicial restraint and defer-to-democratic-majorities tradition, 1971-present. (full list)