Supreme Court Allows Texas To Use New Map
The Supreme Court on Thursday allowed Texas to use its new congressional map in the 2026 midterm elections.
The Supreme Court granted the state’s request to stay a lower court ruling that blocked Congress’ new redistricting plan, according to the court document. The unsigned order, issued Dec. 4, freezes a three-judge district court’s ruling that found Texas used primarily race — not politics — when redrawing district boundaries, violating the 14th and 15th Amendments.
Texas argued that the lower court misinterpreted the evidence, failed to presume that lawmakers acted in good faith and ignored Supreme Court precedent requiring challengers to produce an alternative map that would achieve the state’s partisan goals without relying on race. Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch, agreed, writing that the district court made legal errors and that the challengers never offered a viable replacement map.
NEW YORK, NEW YORK – APRIL 30: Texas Attorney General Ken Paxton arrives in court during the trial of former U.S. President Donald Trump for allegedly hiding secret money payments at Manhattan Criminal Court on April 30, 2024 in New York. (Photo by Curtis Means-Pool/Getty Images)
The Court emphasized that federal judges should avoid changing election rules closer to an election and said blocking the map would sow confusion in an active election campaign. The stay remains in effect until Texas appeals, meaning the contested map should help Republicans and will govern the 2026 races unless the Supreme Court later rules otherwise.
Justice Elena Kagan, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson, dissented. She argued that the district court conducted an exhaustive review, including nine days of testimony and thousands of pages of evidence, and reasonably concluded that Texas used race for partisan gain. Kagan accused the majority of overturning factual findings without applying the required standard of obvious error and warned that the decision allowed an unconstitutional map to continue for the next election cycle.
Attorney General Ken Paxton celebrated the Supreme Court’s decision, calling it a major victory for Republicans. He said Democrats tried to use the courts to block the Legislature’s work and vowed to continue defending the map as the lawsuit progresses.
“In the face of Democrats’ attempts to abuse the justice system to steal the United States House of Representatives, I have defended Texas’ fundamental right to draw a map that ensures we are represented by Republicans. The big, beautiful map will be in effect for 2026,” Paxton said. “Texas is leading the way as we take our country back, district by district, state by state. This map reflects the political climate of our state and is a massive victory for Texas and for all conservatives who are tired of seeing the left attempt to subvert the political system with bogus trials.”
Alito suspended a lower court ruling that invalidated Texas’ new congressional map, allowing the state to continue using the disputed boundaries while the Supreme Court reviews the case. The Supreme Court’s order states that the district court’s decision “is hereby administratively stayed pending further order from the undersigned or the Court,” a directive Alito personally signed on November 21. (RELATED: Voters in both parties support Gerrymandering, but only if it helps their own side win: POLL)
The reprieve follows a 2-1 federal committee decision finding the map likely constituted a racial gerrymander, prompting Texas Republican Gov. Greg Abbott to file an emergency appeal.
Texas Republicans approved the map earlier this year after President Donald Trump urged the Legislature to boost the GOP’s chances of retaining control of the House, creating up to five potential Republican pickup districts. The administrative hold allows candidates to continue filing under the new limits before the Dec. 8 deadline, with Abbott asking the justices to rule by Dec. 1.
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