With Texas' candidate filing period set to close next week, a majority of justices on Thursday blocked a previous decision from two of three US district court judges who had ruled against the state map. The decision means that, at least for now, the state can move ahead with the new map, which could ultimately net Republicans five more seats, for its March primary elections.
"Texas is likely to succeed on the merits of its claim that the district court committed at least two serious errors," the Supreme Court's majority wrote. "First, the district court failed to honor the presumption of legislative good faith by construing ambiguous direct and circumstantial evidence against the Legislature."
"Second, the district court failed to draw a dispositive or near-dispositive adverse inference against respondents even though they did not produce a viable alternative map that met the state's avowedly partisan goals," the majority continued. "The district court improperly inserted itself into an active primary campaign, causing much confusion and upsetting the delicate federal-state balance in elections."
The court's three liberals—Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor—dissented. Contrasting the three-month process that led to the map initially being struck down and the majority's move to reverse "that judgment based on its perusal, over a holiday weekend, of a cold paper record," Kagan wrote for the trio that "we are a higher court than the district court, but we are not a better one when it comes to making such a fact-based decision."
"Today's order disrespects the work of a district court that did everything one could ask to carry out its charge—that put aside every consideration except getting the issue before it right," Kagan asserted. "And today's order disserves the millions of Texans whom the district court found were assigned to their new districts based on their race."
"This court's stay guarantees that Texas' new map, with all its enhanced partisan advantage, will govern next year's elections for the House of Representatives. And this court's stay ensures that many Texas citizens, for no good reason, will be placed in electoral districts because of their race," she warned. "And that result, as this court has pronounced year in and year out, is a violation of the Constitution."
Top Democrats in the state and country swiftly condemned the court's majority. Democratic National Committee Chair Ken Martin called it "wrong—both morally and legally," and argued that "once again, the Supreme Court gave Trump exactly what he wanted: a rigged map to help Republicans avoid accountability in the midterms for turning their backs on the American people."
"But it will backfire," Martin predicted. "Texas Democrats fought every step of the way against these unlawful, rigged congressional maps and sparked a national movement. Democrats are fighting back, responding in kind to even the playing field across the country. Republicans are about to be taught one valuable lesson: Don't mess with Texas voters."
Texas House Minority Leader Gene Wu (D-137) declared that "the Supreme Court failed Texas voters today, and they failed American democracy. This is what the end of the Voting Rights Act looks like: courts that won't protect minority communities even when the evidence is staring them in the face."
"I'm angry about this ruling. Every Texan who testified against these maps should be angry. Every community that fought for generations to build political power and watched Republicans try to gerrymander it away should be angry. But anger without action is just noise, and Democrats are taking action to fight back," he continued, pointing to California's passage of Proposition 50 and organizing in other states, including Illinois, New York, and Virginia. "A nationwide movement is being built that says if Republicans want to play this game, Democrats will play it better."
Christina Harvey, executive director of the progressive advocacy group Stand Up America, said in a statement that "the right-wing majority on the Supreme Court just handed Republicans five new seats in Congress, rubber-stamping Texas Republicans' MAGA power grab. Make no mistake: This isn't about fair representation for Texans. It is about sidelining voters of color and helping Trump and Republican politicians dodge accountability for their unpopular agenda."
"In America, voters get to choose their representatives, not the other way around," she stressed. "But this captured court undermines this basic democratic principle at every turn. We deserve a Supreme Court that protects the freedom to vote and strengthens democracy instead of enabling partisan politics. It's time for Democrats in Congress to get serious about plans for Supreme Court reform once Trump leaves office, including term limits, an enforceable code of ethics, and expanding the court."
Various journalists and political observers also suggested that, despite Thursday's decision in favor of politically motivated mid-decade redistricting, the high court's right-wing majority may ultimately rule against the California map—which, if allowed to stand, could cancel out the impact of Texas gerrymandering by likely erasing five Republican districts.
