Ian Millhiser of Vox wrote about the stunning decision by a Federal Appeals Court to throw out Texas’ gerrymander. At Trump’s insistence, the Governor and legislature districted the state’s Congressional districts, in hopes of producing five more Republican seats. Trump and Republican House leaders are terrified that they could lose their slim majority.

Millhiser points out the supreme irony that it was Trump’s own Justice Departnent that provided the grounds to toss the redistricting. The Supreme Ciurt recently ruled that it would not interfere with gerrymanders, a strictly political decision. But gerrymandering for the specific purpose of reducing racial representation is unconstitutional. Unless the Supreme Court abandons its recent precedent and do Trump a big favor.

Millhiser writes:

In a decision that could potentially reshape the 2026 midterm elections and cement the Democratic Party’s future control of the US House, a federal court just struck down the gerrymandered Texas maps that President Donald Trump pressured that state to enact. If the decision holds, it could cost Republicans as many as five House seats.

And that’s not all. The most remarkable thing about the three-judge panel’s decision in League of United Latin American Citizens (LULAC) v. Abbott is that it turns on an incompetent decision by Trump’s own administration. 

As Judge Jeffrey Brown, a Trump appointee, explains in the court’s opinion, Texas lawmakers initially “didn’t have much appetite to redistrict on purely partisan grounds” — even as Trump urged them to do so. But Texas Republicans appear to have changed their mind after the Justice Department sent a letter last July to Texas’s top officials, which demanded that the state redraw several districts to change their racial makeup.

That letter, as I’ll explain in more detail below, misread a federal appeals court opinion to mean that the state was required to remake its maps. According to Judge Brown’s opinion, “it’s challenging to unpack the DOJ Letter because it contains so many factual, legal, and typographical errors.” He added that “even attorneys employed by the Texas Attorney General — who professes to be a political ally of the Trump Administration — describe the DOJ Letter as ‘legally[] unsound,’ ‘baseless,’ ‘erroneous,’ ‘ham-fisted,’ and ‘a mess.’”

In reality, the Supreme Court has long held that “if a legislature gives race a predominant role in redistricting decisions, the resulting map” is subject to the most skeptical level of constitutional review and “may be held unconstitutional.” When the Justice Department told Texas to redraw several of its congressional districts to change their racial makeup, it ordered Texas to give “race a predominant role.” Oops.

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