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U.S.-TEXAS-REDISTRICTING VOTE-LAWSUIT
Source: Xinhua News Agency / Getty

In August, a coalition of voting rights groups and minority voters filed a lawsuit against Texas’ new congressional map, alleging the redistricting process disenfranchised the state’s Black and brown voters. A federal hearing is currently underway, where more details have come out about Texas’ redistricting process, including evidence that Gov. Greg Abbott knowingly used inaccurate data from the Department of Justice (DOJ) to justify drawing a new map. 

According to Democracy Docket, a court filing placed ahead of the federal hearing revealed that the constitutional concerns from the DOJ that Gov. Abbott used to justify the Texas redistricting effort were “a mistake.” The filing adds that Gov. Abbott knew the data was inaccurate but still used it as “political cover” to launch the redistricting effort. Despite acknowledging the inaccuracy of the data, the filing argued the Texas redistricting effort was still a “valid legislative act.” 

“A legislative act based on [a] mistake – or that cite (sic) a Washington official’s mistake as political cover for lawful political redistricting – remains a valid legislative act,” the filing said. A separate filing by the state elaborated further on the DOJ’s mistake. 

“The DOJ Letter came to the erroneous conclusion that because the Fifth Circuit held in Petteway v. Galveston Cnty, that a legislative body was not required to create coalition districts under Section 2 of the Voting Rights Act (Section 2), that the existence of any district so composed was illegal. Its ham-fisted legal conclusions notwithstanding, the DOJ Letter apparently sought to provide political cover for Texas to engage in partisan redistricting.”

Democracy Docket also reports that more information about Texas’ hasty redistricting effort has been revealed over the last week during the federal hearing before a three-judge panel. Adam Kincaid, the director of the National Republican Redistricting Trust, was revealed as the man who drew the new Texas map. Republicans refused to answer questions about who drew the new map, how much they were paid, and what changes would be made while the redistricting process was being debated in the state legislature.

Kincaid testified that he received instruction on the new map exclusively from the White House, while occasionally fielding requests from Texas Republicans. Kincaid testified that while state legislatures usually request at least some majority-minority districts to remain when he draws a new map, the White House made no such request in the Texas redistricting process. 

Kincaid testified that while he was aware Texas voters gave hours of feedback during public hearings over concerns that the new map was racially discriminatory, he didn’t take any of that feedback into account while drawing the map. 

The unusual, mid-decade Texas redistricting effort came largely at the behest of President Donald Trump. The GOP holds a narrow majority in the House, with Democrats only needing a net gain of three seats to flip control during the 2026 midterms. The Trump administration has successfully convinced Texas and Missouri to redraw their maps and has put pressure on Indiana and Florida to launch similar redistricting efforts. 

In July, Gov. Abbott used the devastating Kerr County floods to call a special legislative session. Texas Democrats quickly found that the special session was focused not on flood relief, but redistricting. Texas Democrats filibustered, left the state to deny the state legislature the quorum necessary to vote on the new map, and state Rep. Nicole Collier was even held as a political prisoner in the state House ahead of a vote on the new map. Texas Republicans eventually passed a new congressional map that adds five GOP seats in districts Trump won in the 2024 election.

Should the three-judge panel find that the map is unconstitutional, that could greatly hurt the GOP’s chances of maintaining control of the House during the 2026 midterms. Texas has a history of crafting blatantly racist maps on both the state and county levels, so there’s a very real chance that the state will have to go back to the drawing board or revert to the map it drew in 2021. 

California Gov. Gavin Newsom announced the “Election Rigging Response Act” in August to directly counter Texas’ redistricting effort. Voters will decide on Nov. 4 whether control of California’s congressional maps will remain with an independent redistricting committee or be transferred to the state legislature until 2030. Should voters approve transferring control of the maps to the state legislature, Gov. Newsom intends to implement a map that will neutralize the gains made in Texas. 

Whether the judges strike down the map or keep it in play, the decision will undoubtedly have a pronounced effect on the electoral math of the 2026 midterms. 

SEE ALSO:

President Trump Eyes Florida And Indiana In Redistricting Push

California Gov. Gavin Newsom Signs Bill Launching Redistricting Effort

Missouri Governor Mike Kehoe Sets Special Session For Redistricting

Texas Democrats Will Return To State After Special Session Ends

Calif. Gov. Gavin Newsom Counters Texas Redistricting Effort With One Of His Own

Redistricting: Majority Black Voting Maps Rejected In Louisiana

Critics Call Texas Governor’s New Congressional Map Gerrymandering

US Senator John Cornyn, FBI Team Up To Hunt Texas Democrats

Texas State Dems Break Quorum To Prevent Redistricting Vote

Gov. Greg Abbott Orders Arrest Of Texas Democrats

Texas Gov. Greg Abbott Sues To Remove Democratic Rep In Redistricting Fight

Racial Gerrymandering Lawsuit Filed Over Texas Voting Map