In yet another irrational ruling, SCOTUS cleared the way yesterday for Texas lawmakers to use newly redrawn congressional maps favoring Republicans in the 2026 midterms. Via the New York Times:
The decision overturns, at least for now, a lower-court ruling that the new maps were likely an unconstitutional racial gerrymander. That decision had blocked lawmakers from using the maps in the midterms.
The Supreme Court’s order comes days before a Dec. 8 deadline for candidates to file to run for office in Texas. It marks a victory for Texas Republicans and for President Trump, who has pushed Republican-led states to revise their congressional maps to try to secure G.O.P. victories in the midterms.
The ruling also adds to the growing list of successes for the Trump administration before the justices, particularly on their emergency docket of cases heard without oral arguments, where the court’s orders are intended to be merely interim. Critics refer to it as the “shadow docket” and note the temporary decisions can have broad consequences.
Let's recap. Once again, Sam Alito throws up his hands and claims the precedent of the Purcell principle in his silly decision, which stems from a 2006 case that concerned a change in Arizona photo ID laws “weeks away” from the election.
In 2022, the Court blocked a district court order requiring that Alabama draw new maps, even though the state had nine months to draw new ones before the general elections.
"The plaintiffs challenging the maps and the district court, Justice Elena Kagan wrote in dissent, worked as quickly as they possibly could — meaning that the Court just wrote a roadmap for illegal gerrymanders. Just wait to pass them until the “eve” of the election, and no one can stop you.
“And even supposing it is now the ninth or tenth hour, whose choice was that?” she wrote. “It was of course the Texas legislature that decided to change its map six months before a March primary.”


