Justice Alito temporarily restores Texas congressional map

The U.S. Supreme Court has temporarily restored the new congressional map passed by Texas Republicans this summer, after a federal panel in El Paso had struck it down earlier this week. Justice Samuel Alito issued an administrative stay on Tuesday, allowing the map to remain in effect while the state’s appeal is considered. The order also directed the Democratic-aligned parties involved in the case to submit their response by Monday.

The dispute stems from a ruling by a three-judge panel in El Paso, which found that the Texas Legislature had unlawfully considered race in drawing the new congressional districts. The panel’s decision, issued Tuesday by a 2-to-1 vote, declared the 2025 map invalid for the upcoming 2026 midterm elections. The majority opinion noted that the map was designed to give Republicans an advantage of five additional seats in Congress. The ruling referenced a July 7, 2025, letter from the U.S. Department of Justice urging the state to revise the map over concerns that it disproportionately affected minority voters.

The panel’s decision sparked a strong dissent from the lone judge who opposed the majority, who argued that the map was drawn primarily for partisan purposes. According to the dissenting opinion, the question of political motivation is beyond the court’s jurisdiction and should not determine the legality of the map.

Following the panel’s ruling, Texas Attorney General Ken Paxton promptly appealed to the Supreme Court and requested an administrative stay, which Alito granted. In the appeal, the state argued that the injunction issued by the lower court came too late in the election process, creating substantial disruption for candidates and voters. The filing highlighted that the injunction was issued ten days after the candidate filing period had opened, affecting all but one of Texas’s 38 congressional districts.

The state emphasized that candidates had already begun campaigning, collected signatures, and submitted applications to appear on the ballot under the 2025 map. Early voting for the March 3, 2026, primary is only 91 days away, and the state argued that changing the map at this late stage would cause “chaos” and confusion for both candidates and voters. The appeal also pointed out that the lower court had taken 38 days after the hearing to issue its injunction, a delay that Texas characterized as further justification for maintaining the current map until the Supreme Court could review the case.

With the administrative stay in place, the 2025 congressional map is back in effect as the Supreme Court expedites consideration of the appeal. The decision temporarily ensures that candidates, election officials, and voters can plan under the new districts, providing stability in the lead-up to the 2026 midterms.

The deadline for candidate filings in Texas remains December 8, 2025, meaning the court’s ultimate decision could have a significant impact on which districts candidates run in and how campaigns are conducted in the coming months. As the Supreme Court moves quickly to consider the appeal, both parties and the public are closely watching, aware that the outcome could reshape congressional representation in the state for the next election cycle.