Supreme Court permits Texas to utilize redistricting map disputed as racially discriminatory

The U.S. Supreme Court on Thursday allowed Texas to move forward with a new congressional map that favors Republicans in the 2026 elections, overturning a lower court decision that found the map to be racially discriminatory. In a short, unsigned opinion, the justices agreed to suspend the ruling issued earlier this month by a three-judge district court in El Paso.

The El Paso court had blocked the map, but the Supreme Courts order extends an earlier temporary pause issued by Justice Samuel Alito, who oversees emergency appeals from Texas. The high court indicated that Texas is likely to succeed on the merits of its claim that the District Court committed at least two serious errors and criticized the lower court for interfering in an active primary, creating confusion and upsetting the balance between federal and state election authority.

Justice Elena Kagan dissented, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson. She argued that the ruling allows Texas to use a map that the district court had deemed in violation of established limits on considering race in redistricting, undermining the district courts careful work.

Currently, Texas has 38 seats in the U.S. House of Representatives, with Republicans controlling 22. Republicans hold a narrow overall majority in the House at 219 to 214, with two vacancies. Efforts to redraw the map were intensified by former President Donald Trump, who urged Texas to shift five additional districts in favor of Republicans. State lawmakers, however, feared this could weaken already safe Republican districts.

The Department of Justice had previously warned Texas that four of its districts were unconstitutional coalition districts and demanded changes to avoid racial gerrymandering. In response, Governor Greg Abbott instructed lawmakers to draft a new congressional map, finalized in August, which aims to give Republicans up to 30 of the 38 seats.

The new map faced immediate legal challenges from groups including the League of United Latin American Citizens, arguing it was an unconstitutional racial gerrymander. A three-judge district court initially blocked the map, ordering Texas to use the 2021 map instead. Judge Jeffrey Browns detailed opinion cited evidence of racial considerations influencing the new map, while criticizing the DOJ for urging Texas to consider race in a process the state claimed was race-neutral.

Judge Jerry Smith dissented, sharply criticizing the majority for judicial activism. Texas then petitioned the Supreme Court to halt the lower courts decision, citing the approaching primary and the Purcell principle, which discourages last-minute changes to election rules. The Supreme Court granted the stay, allowing Texas to use the 2025 map for upcoming elections while the legal challenges continue.

Opponents argued that there is sufficient evidence of racial gerrymandering and that they are not required to propose an alternative map. The Supreme Courts order enables Texas to proceed with the elections under the contested map, maintaining its political strategy for 2026.

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• Supreme Court allows Texas to use redistricting map challenged as racially discriminatory