A panel of federal judges will begin Wednesday to consider whether Texas can use a redrawn congressional map that boosts Republicans and has launched a widening redistricting battle ahead of the 2026 midterm elections.
The case in an El Paso courtroom is the first test of Texas’ new map, which was quickly redrawn this summer to give Republicans five more seats at the urging of President Donald Trump in an effort to preserve the slim Republican U.S. House majority.
Civil rights groups and dozens of Black and Hispanic voters joined the lawsuit, saying the new map intentionally reduces minority voters’ influence. Their lawsuit argues that the new district lines represent racial gerrymandering prohibited by the landmark 1965 Voting Rights Act and the U.S. Constitution.
Texas Republican lawmakers and state leaders deny these claims, saying the map is a legal partisan gerrymander.
The hearing is expected to last more than a week. It is unclear how quickly the judges will issue a ruling.
The new map eliminated five of the state’s nine “coalition” districts, where no minority group has a majority but together they outnumber non-Hispanic white voters.
“Race and party have folded onto each other,” said Keith Gaddie, a Texas Christian University political science professor who has testified as an expert witness in redistricting cases over the past 25 years. “What could be seen as being racial gerrymandering could just be partisan gerrymandering.”
The U.S. Supreme Court ruled in 2019 that the U.S. Constitution does not prohibit partisan gerrymandering.
Texas says critics cloak partisan fears in rhetoric about race
The new Texas map is designed to give Republicans 30 of the state’s 38 House seats, up from 25 now.
The state’s attorneys argue that Texas officials’ persistent statements about their partisan motives show they weren’t engaged in illegal racial gerrymandering but were in a “political arms-race,” Texas Attorney General Ken Paxton’s office said in a recent court filing.
The move in Texas has subsequently led some other states — Republican-led as well as those led by Democrats — to respond with some redistricting plans of their own in a scramble to try to dominate the midterm elections.
California countered by putting a proposed map on the ballot in November to pick up five Democratic seats. Missouri redrew its lines last month to give the GOP an extra seat.
In court filings, Paxton’s office argued that Republicans are offsetting past Democratic gerrymanders, and the Texas map’s critics “seek to use race as a foil to kneecap Texas’s efforts to even the playing field.”
“Whenever they do not get what they want, they cry racism,” its filing said.
Making a case involves detailed election analysis
The case will be heard by a panel of three judges, one each appointed by Trump, and Presidents Barack Obama and Ronald Reagan.
Attorneys for groups and voters challenging the map aim to show that a trial is likely to prove the new lines deny minority voters opportunities to elect candidates of their choosing.
“States have to follow rules when they redistrict,” said Nina Perales, an attorney representing some the voters and groups, including the League of United Latin American Citizens. “They provide essentially the buffer guards to protect the democratic process.”
The judges are likely to hear a detailed analysis of voting patterns.
“The minority community has to be what’s called politically cohesive, which tends to mean that members of that community overwhelmingly tend to prefer the same candidates in elections,” said Richard Pildes, a constitutional law professor at New York University.
Critics see new, ‘sham’ minority districts
The new map decreased the total number of congressional districts in which minorities comprise a majority of voting-age citizens from 16 to 14.
Republicans argue the map is better for minority voters. While five “coalition” districts are eliminated, there’s a new, eighth Hispanic-majority district, and two new Black-majority districts.
Critics consider each of those new districts a “sham,” arguing that the majority is so slim that white voters, who tend to turn out in larger percentages, will control election results.
“There is growing animus against African-American and other communities who have historically been disenfranchised,” said Derrick Johnson, the NAACP’s national president. “This is consistent with the current climate and culture germinating from the White House.”
Critics also argued that the 2021 map itself didn’t have enough minority districts. For example, Perales said, Houston has enough Hispanic voters for two such districts, and the new map has one.
