A three-judge panel ruled that Texas can’t use its new congressional map for the 2026 midterm election. Instead, the state must use the map passed in 2021.
The map, which created five new Republican-favoring districts, was pushed by President Donald Trump and sparked redistricting in several states. According to The Texas Tribune, it was unclear if Republicans had a legal path to restore the new map in time for the midterms. Voting rights lawsuits are initially heard by two district judges and one circuit judge, and their ruling can only be appealed directly to the U.S. Supreme Court.
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What did the panel say?
Judge Jeffrey Brown, appointed by Trump, was one of the judges on the panel. He said the map showed clear evidence of racial gerrymandering.
“The public perception of this case is that it’s about politics,” Brown stated. “To be sure, politics played a role in drawing the 2025 Map. But it was much more than just politics. Substantial evidence shows that Texas racially gerrymandered the 2025 Map.”
The judges focused on arguments made in a letter by the Department of Justice urging the state to redraw the map and dismantle “coalition districts.” The DOJ argued that these districts were unconstitutional.
However, the judges ruled that the Justice Department made a “legally incorrect assertion.” They said the plaintiffs could “likely” prove that Texas racially gerrymandered the new map.
Texas leaders are expected to appeal the decision, but they are fast approaching the Dec. 8 deadline to file for the 2026 election.
The Supreme Court is also debating whether to remove Section 2 of the Voting Rights Act, with a decision expected next year. However, that would likely not impact this ruling since the deadline to apply for the midterm election comes before the decision would.
Gov. Greg Abbott said in a statement that he would swiftly appeal the decision, calling it “clearly erroneous.”
“The Legislature redrew our congressional maps to better reflect Texans’ conservative voting preferences -– and for no other reason,” Abbott wrote.
How could this ruling affect other states’ redistricting?
Since Texas began its redistricting fight, several other states have followed suit. Most notable is California, which passed Proposition 50, allowing Democrats to redraw the congressional map. The new map gives Democrats five additional districts that favor them.
California lawmakers originally included a trigger provision in their redistricting map. This would’ve prevented the state’s new map from appearing in the special election, but it was taken out before, and voters ultimately decided to enact the new map.
Illinois is also debating whether to redistrict but has said that would depend on if Indiana went forward with its redistricting plan. Indiana lawmakers recently said that they did not have the required votes to redraw their map.
However, this new ruling may prompt other Republican-led states to begin redistricting.
