The battle over redistricting congressional maps is continuing in the lead-up to the 2026 midterms, with both California and Texas facing legal challenges.
The Trump administration has sued California in response to the successful passage of Proposition 50, the Governor Gavin Newsom-sponsored initiative that gerrymanders the state’s congressional districts to favor Democrats. The Justice Department claimed that the new maps are racially biased in favor of Latinos. According to Jesus A. Osete, Principal Deputy Assistant Attorney General for Civil Rights said, “Californians were sold an illegal, racially gerrymandered map, but the U.S. Constitution prohibits its use in 2026 and beyond.”
Meanwhile, a federal court in Texas struck down the state’s new congressional map designed to boost Republicans. As with the Justice Department’s suit against California, U.S. Judge Jeffrey Brown claimed that Texas’s new district lines amounted to racial gerrymandering. According to Judge Brown, the new Texas map would diminish the voting power of blacks and Hispanics in the state.
Of course, the fact that California Latinos largely vote Democratic, and whites are the most conservative demographic in Texas, should come as a surprise to no one. Still, it is clear that alleging racial bias remains a potent pretext for contesting electoral legislation.
The Supreme Court paused the federal court’s Texas decision on November 21st, pending a future decision on which map the state will be able to use for the 2026 midterms.
While California and Texas have been the focal point of recent congressional redistricting, other states have made similar moves. North Carolina drew a new congressional map this year that creates the possibility for a Republican seat pickup. A panel of federal judges recently rejected claims that the state’s previous 2023 map was racially discriminatory against black voters.
In Indiana, some Republican legislators have pushed back against potential redistricting. State Senator Spencer Deery presented staid arguments against the move, claiming that it would undermine popular sovereignty. The state legislature has yet to act either way on the issue.
The Trump administration undoubtedly sees redistricting in red states as a chance to use every electoral advantage at their disposal, recognizing that in politics you play to win, not to adhere to abstract principles that your opponents do not follow. So long as Republicans remain on the same page, gaining the upper hand on this issue may prove a key factor in holding off a Democratic midterm backlash.
