Supreme Court allows Texas to use a congressional map favorable to Republicans in 2026

WASHINGTON (AP) — The Supreme Court on Thursday came to the rescue of Texas Republicans, allowing next year’s elections to be held under the state’s congressional redistricting plan favorable to the GOP and pushed by President Donald Trump despite a lower-court ruling that the map likely discriminates on the basis of race.

Related: Utah judge selects new congressional map, tossing map drawn by lawmakers

The justices acted on an emergency request from Texas for quick action because qualifying in the new districts already has begun, with primary elections in March.

The Supreme Court’s order puts the 2-1 ruling blocking the map on hold at least until after the high court issues a final decision in the case. Justice Samuel Alito had previously temporarily blocked the order while the full court considered the Texas appeal.

The justices have blocked past lower-court rulings in congressional redistricting cases, most recently in Alabama and Louisiana, that came several months before elections.

The Texas congressional map enacted last summer at Trump’s urging was engineered to give Republicans five additional House seats.

The effort to preserve a slim Republican majority in the House in next year’s elections touched off a nationwide redistricting battle.

Texas was the first state to meet Trump’s demands in what has become an expanding national battle over redistricting. Republicans drew the state’s new map to give the GOP five additional seats, and Missouri and North Carolina followed with new maps adding an additional Republican seat each. To counter those moves, California voters approved a ballot initiative to give Democrats an additional five seats there.

The redrawn maps are facing court challenges in California and Missouri. A three-judge panel allowed the new North Carolina map to be used in the 2026 elections.

The Trump administration is suing to block the new California maps, but it called for the Supreme Court to keep the redrawn Texas districts in place.

The justices are separately considering a case from Louisiana that could further limit race-based districts under Section 2 of the Voting Rights Act. It’s unclear how the current round of redistricting would be affected by the outcome in the Louisiana case.

In the Texas case, U.S. District Judges Jeffrey V. Brown and David Guaderrama concluded that the redistricting plan likely dilutes the political power of Black and Latino voters in violation of the Constitution. Trump appointed Brown in his first term while President Barack Obama, a Democrat, appointed Guaderrama.

“To be sure, politics played a role in drawing the 2025 Map,” Brown wrote. “But it was much more than just politics. Substantial evidence shows that Texas racially gerrymandered the 2025 Map.”

The majority opinion provoked a vituperative dissent from Judge Jerry Smith, an appeals court judge on the panel.

Smith accused Brown of “pernicious judicial misbehavior” for not giving Smith sufficient time before issuing the majority opinion. Smith, an appointee of President Ronald Reagan, a Republican, also disagreed strenuously with the substance of the opinion, saying it would be a candidate for the “Nobel Prize for Fiction,” if there were such an award.

“The main winners from Judge Brown’s opinion are George Soros and Gavin Newsom,” Smith wrote, referring to the liberal megadonor and California’s Democratic governor. “The obvious losers are the People of Texas and the Rule of Law.”