Supreme Court Allows Texas to Use New Congressional Map Amid Legal Challenges

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The Supreme Court has authorized the state of Texas to utilize its recently drawn congressional map. This decision, issued on a Thursday, has implications for the composition of the U.S. House of Representatives, as the map has the potential to contribute to the Republican Party securing five additional seats in the 2026 midterm election.

This order from the high court was a response to an emergency request from Texas, which sought to suspend a prior ruling by a three-judge panel. That panel had blocked the state's redrawn map.

Following a nine-day hearing in October, the three-judge panel concluded that challenges to the new map were likely to demonstrate its violation of the Constitution, specifically concerning discrimination against voters based on race. The panel's majority opinion, written by a Trump appointee, referenced a letter from the Department of Justice and public statements by Republican state lawmakers, which suggested that the map's drafter adjusted the racial demographics of voting districts. This was reportedly done to dismantle existing districts where Black and Latino voters constituted a majority. The panel had directed Texas to continue using the congressional districts established in 2021 by the state's GOP-controlled legislature for the upcoming midterms.

In its submission to the Supreme Court, Texas contended that its lawmakers were not driven by racial considerations but rather by the objective of creating new districts more likely to elect Republicans. In November, Justice Samuel Alito had granted Texas permission to temporarily reinstate the map while the Supreme Court reviewed the state's emergency request.

Broader Redistricting Landscape

The mid-decade redistricting initiative passed by Texas Republicans in August prompted a similar action by Democratic leaders in California. In November, California voters approved a new congressional map in a special election, which could potentially result in Democrats gaining five additional House seats. A court hearing for a legal challenge against this California map is scheduled for December 15.

The broader landscape of redistricting remains in flux. Legal challenges are underway against new gerrymanders in various locations, including Missouri, where a contested referendum effort is also active. Other states, such as Florida, Indiana, and Virginia, may also pursue new district boundaries before the midterms.

Additionally, a federal court recently allowed North Carolina to hold its midterm election under a newly redrawn map, which could provide Republicans with an extra seat.

Further congressional redistricting could occur soon, depending on the Supreme Court's decision and timing in a voting rights case pertaining to Louisiana's congressional map. After the court conducted a rare rehearing for that case in October, some states are anticipating a potentially earlier-than-usual ruling. Such a ruling might permit Republican-led states to establish more GOP-favorable districts in time for the 2026 midterms.