Through a unsigned order, the highest judicial body permitted Texas to employ a redrawn congressional map that could add up to five additional GOP-friendly districts. The 6-3 ruling, issued on Thursday, approves a petition by the state to set aside a district court's block that had invalidated the redistricting plan in November.
The lower court improperly inserted itself into an ongoing primary campaign, creating considerable confusion and disrupting the delicate federal-state balance in elections, the justices wrote in detailing its ruling.
That lower court had previously found that Texas had probably grouped voters by their race – a act known as unconstitutional racial sorting – when it adopted the boundaries. It had ordered the state to use the boundaries established after the last decennial survey for the upcoming election.
In a sharply worded dissent, Justice Elena Kagan objected to the majority's ruling. She contended that it disregarded the work of the district court, pointing out that its decision was written by a judge selected by former President Donald Trump.
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, Kagan wrote in a opinion joined by Justices Sonia Sotomayor and Ketanji Brown Jackson.
Kagan added, This court's stay ensures that Texas's new map, with all its increased partisan advantage, will govern next year's elections. And it means that many Texas citizens, for no good reason, will be sorted in electoral districts based on their race. And that result, as this court has declared consistently, is a breach of the constitution.
The ruling occurs during a nationwide contest over the redrawing of electoral maps. Texas is a crucial component in campaigns to transform the U.S. House map to bolster a slim Republican control. Ordinarily, redistricting occurs after a decennial population count. Yet the action by Texas Republicans to proceed with a brazen mid-cycle redistricting earlier in the summer triggered a chain reaction among other states.
GOP lawmakers in states like North Carolina and Missouri have also passed redistricting plans that could add several additional GOP-friendly seats. Democrats, for their part, have pushed back with their own plans in states like California and Virginia, which might neutralize those potential gains.
The Texas attorney general praised the supreme court ruling. In a release, he said the order upheld Texas's prerogative to draw a map that guarantees representation supportive of his party. Our state is leading the charge to reclaim the nation, one district and one state at a time, he remarked.
In contrast, opposition party representatives criticized the decision. It is deeply disheartening that the Court has endorsed this severely racially gerrymandered plan from Texas Republicans, said the head of a major party election organization.
A senior Democratic figure stated the court had another time shredded its legitimacy by approving 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.