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LAW DORK - Supreme Court allows new Texas congressional map to be used in 2026
https://www.lawdork.com/p/supreme-court-allows-new-texas-mapThe U.S. Supreme Court’s Republican appointees on Thursday issued an order allowing Texas to use its new congressional map in the 2026 midterm elections, blocking a lower court order finding the map was likely an unconstitutional racial gerrymander. The map could lead to Republicans gaining up to five new House seats in the next session of Congress.
In the unsigned order, the court stated that Texas “satisfies the traditional criteria for interim relief“ — after a “preliminary evaluation” of the case.
“Texas is likely to succeed on the merits of its claim that the District Court committed at least two serious errors,” the court stated. The district court “failed to honor the presumption of legislative good faith by construing ambiguous direct and circumstantial evidence against the legislature” and “failed to draw a dispositive or near-dispositive adverse inference“ against the challengers because they “did not produce a viable alternative map that met the State’s avowedly partisan goals.“
Notably, in assessing “irreparable harm” that Texas would face, the court also stated, “The District Court improperly inserted itself into an active primary campaign, causing much confusion and upsetting the delicate federal-state balance in elections.”
This is, however, a function of the timing of the Texas legislature’s action — not the challengers or three-judge district court (whose 2-1 opinion was authored by U.S. District Judge Jeffrey V. Brown, a Trump appointee and former Texas Supreme Court justice) — and it’s astounding to see an unsigned Supreme Court order accusing a lower court of such a “improper[]” act in this fashion.
In the unsigned order, the court stated that Texas “satisfies the traditional criteria for interim relief“ — after a “preliminary evaluation” of the case.
“Texas is likely to succeed on the merits of its claim that the District Court committed at least two serious errors,” the court stated. The district court “failed to honor the presumption of legislative good faith by construing ambiguous direct and circumstantial evidence against the legislature” and “failed to draw a dispositive or near-dispositive adverse inference“ against the challengers because they “did not produce a viable alternative map that met the State’s avowedly partisan goals.“
Notably, in assessing “irreparable harm” that Texas would face, the court also stated, “The District Court improperly inserted itself into an active primary campaign, causing much confusion and upsetting the delicate federal-state balance in elections.”
This is, however, a function of the timing of the Texas legislature’s action — not the challengers or three-judge district court (whose 2-1 opinion was authored by U.S. District Judge Jeffrey V. Brown, a Trump appointee and former Texas Supreme Court justice) — and it’s astounding to see an unsigned Supreme Court order accusing a lower court of such a “improper[]” act in this fashion.
LAW DORK: The U.S. Supreme Court’s Republican appointees on Thursday issued an order allowing Texas to use its new congressional map in the 2026 midterm elections blocking a lower court order finding the map was likely an unconstitutional racial gerrymander.
— Chris Geidner (@chrisgeidner.bsky.social) 2025-12-05T04:45:31.456Z