How They DifferAbbott · Hinojosa 2026
A no bullshit non-partisan comparison of political candidates
Aggregate score
Abbott 3.9Hinojosa 5.4 H +1.5
Lochner / classical-liberal traditioneconomic substantive due process, 1897–1937 portrait
Scoring · Jurists

Lochner / classical-liberal tradition
economic substantive due process, 1897–1937

Public domain via Wikimedia Commons.

Lochner's framework134 — economic liberty of contract, hostility to state-imposed wage-and-hours rules, strong property-rights baseline — translates in 2026 as low-tax/light-regulation governance. Abbott aligns strongly: the $18B property-tax cut, franchise/R&D reductions, business personal-property exemption, and refusal to raise the minimum wage all run Lochner-era. Hinojosa runs against on minimum wage but picks up thin credit on PBC.

Abbott
7
Hinojosa
3
Margin
A +4
Issue
Abbott
Hinojosa
Property-tax cut / low-tax baseline
Helps
Hurts
Abbott: Helps · Hinojosa: Hurts
Lochner-era classical liberalism prized minimal state taxation of capital; Abbott's $18B property-tax cut2, 25% franchise-tax reduction, and R&D credit refundability57 all align with the Lochner frame, while Hinojosa's advocacy for taxing 'billionaires and corporations'1 runs against it.
Minimum wage / wage-and-hours regulation
Helps
Hurts
Abbott: Helps · Hinojosa: Hurts
Lochner v. New York struck down state maximum-hours laws; Abbott's refusal to raise the Texas minimum wage above the federal $7.25 floor and to mandate paid leave aligns directly, while Hinojosa's support for raising the minimum wage62 is the precise type of regulation Lochner barred.
Business personal-property exemption / property-rights
Helps
—
Abbott: Helps · Hinojosa: —
Lochner's property-rights baseline favors expansive private-property protections; Abbott's business personal-property exemption increase57 is a direct Lochner-frame move. Hinojosa has not opposed this specific provision but her broader corporate-tax stance1 pushes the other way.
Public-benefit-corporation framework (PBC bill)
—
Helps
Abbott: — · Hinojosa: Helps
Lochner-era classical liberalism prized expanding corporate-form options; Hinojosa's public-benefit-corporation bill60 extends corporate-form options rather than restricting them, earning thin Lochner-style credit. Abbott has not advanced this kind of corporate-form innovation.
Franchise-tax 25% reduction and R&D credit refundability
Helps
Hurts
Abbott: Helps · Hinojosa: Hurts
Lochner-era classical liberalism favored low rates on business activity; Abbott's 25% franchise-tax reduction and his R&D credit refundability change57 track the Lochner low-tax baseline, while Hinojosa's tax-the-billionaires framing1 runs against that strand on principle even though she has not advanced specific franchise-tax restoration bills.
Refusal to mandate paid leave
Helps
Hurts
Abbott: Helps · Hinojosa: Hurts
Lochner's liberty-of-contract pole treated state-mandated employment terms as constitutionally suspect; Abbott's refusal to mandate paid leave at the state level fits cleanly, while Hinojosa's policy framework treats paid-leave mandates as appropriate state regulation1, which runs against Lochner-era reasoning.

Sources

  1. Gina Hinojosa for Texas Governor, official campaign priorities page, accessed May 2026. (full list)
  2. Patrick Svitek, 'Gov. Greg Abbott signs $18 billion property tax cut into law,' Texas Tribune, July 22, 2023. (full list)
  3. Office of the Governor, 'Governor Abbott signs laws to bolster Texas small businesses.' (full list)
  4. Texas Legislature Online, HB 3488 (85R, 2017), Gina Hinojosa author — creating Texas Public Benefit Corporations. (full list)
  5. Fox 26 Houston, Gina Hinojosa interview discussing the Texas minimum wage, raising the federal floor, and small-business posture. (full list)
  6. Lochner / classical-liberal substantive due process tradition (1897-1937). (full list)

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