After this summer’s redistricting success at the statehouse, Texas’ controversial new congressional map is now under review at the courthouse.
A panel of three federal judges in El Paso began hearing arguments Wednesday around the newly drawn districts, and will ultimately decide if the new map can be used in 2026's midterm elections.
The hearings, which are expected to run into next week, stem from a lawsuit claiming the map was intentionally designed to give minority voters less power. The state of Texas denies that assertion, saying the map was drawn to give Republicans a political advantage. While racial gerrymandering is not allowed, the U.S. Supreme Court has said partisan gerrymandering is legal.
Wednesday’s opening day proceedings mainly focused on setting the stage for the judges. Plaintiffs called two Texas Democratic lawmakers — Sen. Carol Alvarado of Houston and Rep. Joe Moody of El Paso — to testify. The day’s questioning aimed to establish a timeline of the state’s redistricting efforts, including explaining how the new map came to be and what Texas lawmakers were saying as they debated the changes during this summer’s special session.
The hearing's outcome could have a significant impact on the balance of power in the U.S. House of Representatives in next year’s midterms. That’s an especially big deal for Texas Republicans considering the new congressional district lines were drawn to help the party gain as many as five new seats in Congress from Texas.
If the three-judge panel ends up upholding Texas' new map, that would be a win for President Donald Trump. This summer, the president explicitly asked Texas Gov. Greg Abbott to get lawmakers to redraw the state's congressional districts in Republican's favor.
What to expect as the case plays out in federal court
It's likely more Texas lawmakers will be called to testify in the days ahead. The plaintiffs’ lawyers will try to sow doubt about the intentions behind the map’s creation, while lawyers for the state will defend the new district lines as legal and constitutional.
So far, the state is leaning on the fact that the law firm which put the map together for Texas Republicans assured them that the new districts complied with state and federal laws, including the Voting Rights Act.
But exactly who drew those district lines during the map’s creation was still unclear. When the redistricting legislation was before state lawmakers this summer, bill sponsor Rep. Todd Hunter (R-Corpus Christi) told lawmakers he didn’t know.
However, during Wednesday’s proceedings, it became apparent that Adam Kincaid was responsible. Kincaid is the same person who drew the state’s 2021 congressional map, which was previously being challenged in court.
In response to this information, the plaintiffs subpoenaed Kincaid in an attempt to depose him. The state argued that they’ve waited too long to make the request, and that doing so now would extend the case.
The three-judge panel said it would decide on Thursday whether or not Kincaid will need to speak to plaintiffs’ attorneys before his appearance in court next week.
