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Issue explainer

Redistricting and Gerrymandering

Redistricting is how election district lines get redrawn. Texas redrew its congressional map in the middle of the decade in 2025, and the U.S. Supreme Court allowed it to be used in 2026. The debate is over who should draw the lines, how often, and whether partisan advantage should be allowed.

The basics

Redistricting is the redrawing of the district lines used to elect members of Congress, state legislators, and local officials7. It normally follows each census, every 10 years7. Critics use the word gerrymandering for maps they believe were drawn to lock in one party or group; defenders describe the same maps as lawful political line drawing.

In Rucho v. Common Cause, the U.S. Supreme Court held that claims of partisan gerrymandering cannot be decided in federal court5. Maps drawn mainly on the basis of race are treated differently5. Courts can strike them down as racial gerrymanders under the Fourteenth Amendment5.

On April 29, 2026, in Louisiana v. Callais, the Supreme Court held that a Louisiana congressional map with a second majority-Black district was an unconstitutional racial gerrymander5. The Court also said Section 2 of the Voting Rights Act imposes liability only when evidence supports a strong inference that a state intentionally drew districts to give minority voters less opportunity because of their race5.

Several states redrew congressional maps in the middle of the decade in 202513. President Trump urged Texas, Missouri, and North Carolina to draw more safe Republican seats, and Texas acted first that summer213. In November 2025, California voters approved Proposition 50, which lets the state use legislature-drawn congressional maps from 2026 through 2030 in response613. Not every state went along: in December 2025, Indiana's Republican-led Senate rejected a proposed redraw14.

Key terms

Redistricting
Redrawing the boundaries of election districts, usually after each 10-year census7.
Mid-decade redistricting
Redrawing district lines between censuses, as Texas did for Congress in 20251.
Racial gerrymander
A district drawn mainly on the basis of race, which courts can strike down under the Fourteenth Amendment5.
Section 2 of the Voting Rights Act
A federal law barring voting rules that deny or abridge the right to vote on account of race; the Supreme Court narrowed how it applies to maps in 20265.
Legislative Redistricting Board
A five-member Texas board, created in 1951, that draws state House and Senate maps if the Legislature fails to act7.

In Texas

The Texas Legislature passed a new congressional map, House Bill 4, in a special session1. The House passed it on August 20, 2025, the Senate on August 23, and the governor signed it on August 291. The map was drawn to favor Republicans in as many as 30 of the state's 38 districts, up from 25 under the 2021 map2. House Democrats left the state for about two weeks in August 2025 to block a vote, and lawmakers then passed House Bill 18, which bars members from raising campaign money during a quorum break1110.

On November 18, 2025, a three-judge federal court blocked the new map by a 2 to 1 vote, finding substantial evidence of racial gerrymandering34. On December 4, 2025, the Supreme Court paused that ruling over the dissent of three justices, saying in part that the lower court had inserted itself into an active primary campaign3. On April 27, 2026, the Court summarily reversed the lower court's order4. The 2025 map, called PlanC2333, is the map for 2026 elections7.

Local governments redraw too. On June 3, 2025, the Tarrant County Commissioners Court adopted new commissioner precinct lines for the 2026 elections8. The court's Republican majority drew an additional right-leaning precinct, and critics said the map packed Black and Hispanic voters into one precinct9. Both lawsuits challenging the map had ended by early December 2025: one was withdrawn by the residents who filed it, and a state judge dismissed the other after the county argued the court lacked jurisdiction and that the redraw was partisan, not racial9.

How people see it

The strongest case for each view, in terms its supporters would recognize. We don't pick a side.

Legislatures decide, including when to redraw

The Constitution gives the job of drawing districts to elected state lawmakers, who answer to voters at the next election. The Supreme Court has said federal courts cannot police partisan line drawing, so politics is part of the process. Supporters say redrawing mid-decade is a fair response when other states do the same, and that each side should use the tools it has.

Legislatures draw, but only after each census

Lawmakers should keep the job, but maps should be redrawn once a decade using new census counts. Supporters say this gives voters and candidates stable districts and ends a cycle of states redrawing in response to each other.

Legislatures draw under strict neutral rules

Supporters want state laws that require compact districts, keep counties and cities whole, and limit partisan data, with courts able to enforce those rules. They argue this keeps accountability with elected officials while limiting the most one-sided maps.

Independent commissions and a national ban

Supporters say voters should choose their representatives, not the other way around12. They want independent commissions or a federal ban on partisan gerrymandering so no state gains by acting alone, and they argue this would produce more competitive districts.

Who decides

  • Texas Legislature: Draws congressional and state legislative maps and sets the rules for how they are drawn.
  • Governor of Texas: Signs or vetoes maps and can call special sessions to take up redistricting.
  • Legislative Redistricting Board: Draws state House and Senate maps if the Legislature fails to do so.
  • U.S. Congress: Can pass federal election laws, such as rules for congressional districts or the Voting Rights Act.
  • Federal and state courts: Decide whether maps violate the Constitution or the Voting Rights Act.
  • Tarrant County Commissioners Court: Draws the precinct lines used to elect county commissioners.

Questions to ask a candidate

  • Should district maps be redrawn in the middle of a decade, or only after each census?
  • Would you support an independent commission to draw Texas districts? Why or why not?
  • Should redistricting rules be the same nationwide, so no state gains by acting alone?
  • After the 2026 Louisiana v. Callais ruling, how should race be considered, if at all, when drawing districts?

Last reviewed 2026-09-26. Spotted something wrong? Every claim links to its source so you can check it yourself.

Sources

  1. HB 4, 89th Legislature, 2nd Called Session: Bill HistoryTexas Legislature Online
  2. Supreme Court lets Texas keep new congressional map in 2026 midtermsVotebeat
  3. Supreme Court allows Texas to use redistricting map challenged as racially discriminatorySCOTUSblog
  4. LULAC v. Abbott (TX)The American Redistricting Project
  5. Louisiana v. Callais, No. 24-109 (decided April 29, 2026)Supreme Court of the United States
  6. California RedistrictingCalifornia Secretary of State
  7. Texas RedistrictingTexas Legislative Council
  8. Redistricting 2025Tarrant County
  9. Both lawsuits accusing Tarrant County of racial gerrymandering have been dropped or dismissedKERA News
  10. HB 18, 89th Legislature, 2nd Called Session: Bill HistoryTexas Legislature Online
  11. Texas Legislature passes bill to punish quorum breaksTexas Standard
  12. 2024 Democratic Party PlatformThe American Presidency Project, UC Santa Barbara
  13. How Trump's redistricting war is affecting Texas, Indiana, and North CarolinaVotebeat
  14. A state-by-state look at the narrowing redistricting battle for the U.S. HousePBS News