Through a unsigned order, the nation's top court permitted Texas to use a revised congressional district plan that may create several five additional Republican-leaning districts. The 6-3 decision, issued on Thursday, approves a request by the state to lift a federal judge's block that had struck down the new map in November.
The district court wrongly interjected itself into an active primary campaign, creating much confusion and disturbing the fine balance of power in elections, the justices wrote in justifying its ruling.
The federal court had determined that Texas had probably sorted voters based on their race – a act known as illegal race-based districting – when it adopted the new maps. It had mandated the state to employ the districts created after the most recent national count for the forthcoming election.
In a sharply worded objection, Justice Elena Kagan criticized the majority's ruling. She argued that it disregarded the work of the district court, noting that its decision was written by a judge appointed by ex-President Donald Trump.
While our court is superior in jurisdiction, we are not superior in making these fact-intensive determinations, Kagan stated in a opinion joined by Justices Sonia Sotomayor and Ketanji Brown Jackson.
She continued, Today's ruling guarantees that Texas's new map, with all its increased favoritism, will control next year's elections. And it ensures that many Texas voters, without justification, will be grouped in electoral districts based on their race. And that result, as this court has pronounced consistently, is a breach of the constitution.
This decision is part of a national contest over the redistricting of electoral maps. Texas is a crucial component in efforts to reshape the U.S. House map to secure a fragile Republican majority. Typically, boundary revision occurs after a new decade's census. Yet the decision by Texas Republicans to move ahead with a aggressive off-cycle redistricting earlier this year set off a wave among other states.
GOP lawmakers in states like North Carolina and Missouri have also approved redistricting plans that are estimated to yield several additional GOP-friendly seats. The opposition, in response, have responded with new maps in states like California and Virginia, which could offset those projected gains.
The Texas AG welcomed the High Court's decision. In a release, he said the order protected Texas's basic authority to draw a map that ensures representation aligned with Republicans. Texas is paving the way as we take our country back, district by district, state by state, he remarked.
In contrast, Democratic leaders criticized the decision. It's incredibly disappointing that the Court has rubber stamped a map enacted by Texas Republicans which, simply put, is an extreme, racially gerrymandered map, said the leader of a major party election organization.
Another leading Democratic figure said the court had once again damaged its credibility by rubber-stamping a discriminatory map. The ruling demonstrates a willingness to subvert democracy. This Texas plan is a partisan, racially biased scheme to undermine voter will, especially in communities of color, he added.