Federal judges block Texas from using its new US House map in the 2026 midterms

“The public perception of this case is that it’s about politics. To be sure, politics played a role in drawing the 2025 Map. But it was much more than just politics. Substantial evidence shows that Texas racially gerrymandered the 2025 Map,” the ruling states.

The 2-1 decision followed a nearly two-week trial in El Paso, Texas. Texas’ expected appeal would be directly to the U.S. Supreme Court, under a federal law dealing with redistricting lawsuits.

A coalition of civil rights groups representing Black and Hispanic voters argued the map reduced the influence of minority voters, making it a racial gerrymander that violates the federal Voting Rights Act and the U.S. Constitution.

They sought an order blocking Texas from using the map while their case proceeded, which would force the state to use the map drawn by the GOP-controlled Legislature in 2021 for next year’s elections.

The panel of judges granted the critics’ request, signaling that they think those critics have a substantial chance of winning their case at trial. Judges appointed by Trump and Democratic President Barack Obama formed the majority. An appointee of Republican President Ronald Reagan dissented.

“Without an injunction, the racial minorities the Plaintiff Groups represent will be forced to be represented in Congress based on likely unconstitutional racial classifications for at least two years," the ruling said.

Republicans in Texas said repeatedly during the Legislature’s debates this summer, and after, that they were redrawing districts solely to help Republicans win more seats. The U.S. Supreme Court gave states the go-ahead to pursue partisan gerrymandering by ruling in 2019 that it’s a political issue beyond the reach of the federal courts.

But the two appeals judges concluded that a major reason that GOP Gov. Greg Abbott and Republican lawmakers moved was a letter from the head of the U.S. Department of Justice's Civil Rights Division in July, directing Texas to redraw four districts that it said violated the Voting Rights Act.

Harmeet Dhillon, the assistant U.S. attorney general overseeing the division, cited a ruling last year by the conservative federal appeals court for Texas, Louisiana and Mississippi.

The 5th U.S. Circuit Court of Appeals declared that the landmark Voting Rights Act of 1965 does not allow separate minority groups to “aggregate their populations” to argue that a map illegally dilutes minority voters’ ability to elect the candidate of their choice. The court said each group’s situation must be analyzed separately.

Dhillon argued that so-called “coalition” districts, where no group has a majority but minority voters together outnumber non-Hispanic white voters, must be dismantled as “vestiges of an unconstitutional racially based gerrymandering past.”

“The Legislature adopted those racial objectives,” the majority said. “The redistricting bill’s sponsors made numerous statements suggesting that they had intentionally manipulated the districts’ lines to create more majority-Hispanic and majority-Black districts.”

Texas Attorney General Ken Paxton’s office did not immediately respond to an email seeking comment about the ruling.

Republicans hold 25 of Texas’ 38 congressional seats, with Democrats holding two of their 13 seats in districts that Trump carried in 2024. Had the new map been in place last year, Trump would have carried 30 congressional districts by 10 percentage points or more, making it likely that the GOP would have won that many seats as well.

Democrats across the U.S. have described the redistricting in Texas and other states as a power grab by Trump designed to prevent a congressional check on him, regardless of voter anger. Republicans are keen to avoid a repeat of the 2018 midterms, when they lost the majority and the Democratic-controlled House twice impeached Trump.

The new map decreased from 16 to 14 the number of congressional districts where minorities comprise a majority of voting-age citizens.

In doing so, they eliminated what had been five of nine coalition districts. Five of six Democratic lawmakers drawn into districts with other incumbents are Black or Hispanic.

Yet Republicans argued that 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 numbers, will control election results.