Supreme Court Grants Emergency Stay, Letting Texas GOP‑Favored Map Proceed for 2026
Updated (3 articles)
Supreme Court Issues Emergency Stay on Texas Map The divided Court issued a 2‑1 emergency stay on Thursday, preserving the GOP‑favored congressional map for the 2026 elections while the case proceeds [1][2][3]. The stay halts the lower‑court ruling that had blocked the map on racial‑gerrymandering grounds [1][3]. Justice Samuel Alito, joined by Justices Thomas and Gorsuch, authored the majority order, invoking the Purcell principle and a presumption of legislative good faith [3]. Liberal Justices Kagan, Sotomayor, and Brown Jackson dissented, arguing the intervention would place voters in districts based on race, violating the Constitution [1][3].
Map Engineered to Add Five Republican Seats The redistricting plan, drawn in summer 2025 at former President Trump’s urging, reallocates districts to give Texas five additional Republican seats in the U.S. House [1][2][3]. Analysts note the design could flip five seats currently held by Democrats, potentially reshaping House control during the final two years of the Trump‑era presidency [3]. Texas Attorney General Ken Paxton and Governor Greg Abbott hailed the decision as a protection of the state’s right to elect Republicans [1]. The map’s partisan intent was emphasized by the majority, which argued that partisan motives do not trigger federal jurisdiction [3].
Lower Courts Raised Voting‑Rights Concerns Federal judges Jeffrey V. Brown and David Guaderrama previously found the map likely dilutes Black and Latino voting strength, suggesting a possible violation of the Voting Rights Act [2]. The Supreme Court’s stay does not resolve these constitutional questions; the case will continue to be litigated [2][3]. Justice Elena Kagan’s dissent highlighted the racial impact, contending that the Court should not intervene at this stage and that the map’s racial considerations are constitutionally suspect [1][3]. The stay therefore leaves the substantive voting‑rights issue open for future review [2].
Political Reactions Highlight Deep Partisan Divide Republican leaders praised the stay as a victory for Texas’s electoral autonomy, with Paxton and Abbott asserting the map reflects the state’s political climate [1]. Democratic officials, including Texas House Minority Leader Gene Wu, and civil‑rights groups condemned the decision as a blow to minority voting power [3]. The ruling adds Texas to a growing list of states—Missouri, North Carolina, Alabama, Louisiana, and California—engaged in contentious redistricting battles [1][2]. The ultimate legal fate of the map remains uncertain pending the Court’s final judgment [2][3].
Sources
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1.
AP: Supreme Court Temporarily Allows Texas to Use GOP‑Favored Redistricting Map: Details the emergency stay, Kagan’s dissent, and Texas officials defending the map as a constitutional right .
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2.
Newsweek: Supreme Court Allows Texas to Use New Congressional Map in 2026 Elections: Highlights the stay, Alito’s temporary administrative order, and the broader national redistricting disputes .
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3.
CNN: Supreme Court Permits Texas to Use Trump‑backed Congressional Map for 2026 Midterms: Focuses on the majority opinion invoking the Purcell principle, the partisan motive argument, and liberal justices’ dissent over racial gerrymandering .
Timeline
Summer 2025 – Texas legislature adopts a new congressional map drawn at President Trump’s urging, engineered to add five Republican seats to the U.S. House and replace existing districts, sparking immediate legal challenges. [3]
Early 2025 – Federal judges Jeffrey V. Brown and David Guaderrama rule the map likely dilutes Black and Latino voting strength, finding probable violations of the Constitution and the Voting Rights Act. [2]
Dec 4, 2025 – The Supreme Court issues a 2‑1 decision that overrides the district‑court ruling, permitting Texas to use the 2025 GOP‑favored map for the 2026 elections and citing a presumption of legislative good‑faith and the Purcell principle. [1]
Dec 4, 2025 – In a separate order, the Court places a stay on the earlier 2‑1 decision that had blocked the map, allowing the boundaries to remain in effect while the full Court reviews the case. [2]
Dec 5, 2025 – The Court grants an emergency stay, halting the 2‑1 ruling that blocked the map and confirming that Texas can use the new districts in 2026; the justices note the lower‑court’s racial‑intent finding is “avowedly partisan.” [3]
Dec 5, 2025 – Justice Elena Kagan, writing for the liberal bloc, dissents, arguing the stay forces citizens into districts based on race and therefore violates the Constitution. [3]
Dec 5, 2025 – Texas Attorney General Ken Paxton and Governor Greg Abbott praise the stay, saying it protects Texas’s constitutional right to elect Republicans and reflects the state’s political climate. [3]
2026 (future) – The adopted map could flip five Democratic‑held seats, potentially shifting control of the U.S. House during the final two years of President Trump’s term. [1]
2025‑2026 (ongoing) – Redistricting battles spread to Alabama, Louisiana, North Carolina, Missouri and California, with some states already using new maps while others remain embroiled in litigation. [2]
External resources (3 links)
- https://s3.documentcloud.org/documents/26338616/25a608-order.pdf (cited 1 times)