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The appeal, filed late Friday, asked the Supreme Court to freeze the lower court’s order. Texas argued that failing to act immediately could throw the state’s entire election cycle into disarray, especially as candidates are already preparing for the March 2026 primary.
Republican leaders, including Gov. Greg Abbott, warned that reversing the boundaries now would lead to confusion, uncertainty, and significant disruption for both campaigns and voters.
Texas Solicitor General William Peterson made that point crystal clear, writing, “The chaos caused by such an injunction is obvious: campaigning had already begun, candidates had already gathered signatures and filed applications to appear on the ballot under the 2025 map, and early voting for the March 3, 2026, primary was only 91 days away.”
State officials urged the Supreme Court to act before Dec. 1, arguing that candidates only have days left to file for the 2026 races.
The map was originally struck down by U.S. District Judge Jeffrey Brown, who argued in a 2–1 decision that Texans shouldn’t have to live under what he labeled an unconstitutional racial gerrymander for the next two years.
Despite acknowledging that courts usually avoid election-changing rulings close to voting, Brown still argued that Texas had enough time to revert back to older district lines. He called the usual hands-off rule “amorphous.”
Texas, however, maintains that Democrats — and the court — are pushing a false narrative. The state argues that every line drawn in the new map had a clear explanation that had nothing to do with race.
Peterson wrote, “The State Defendants presented a specific, detailed, non-racial, unrebutted explanation for every single redistricting decision.”
He doubled down, noting that political advantage — not racial targeting — was the driving factor “from the start,” pointing out that President Trump himself encouraged GOP-led states to shore up their maps ahead of 2026.
Peterson also criticized the lower court for assuming lawmakers acted improperly when they declined to turn Austin’s sole Democratic district into a Republican seat — something he said simply isn’t feasible given the city’s overwhelming left-wing lean.
Texas is also pushing the Supreme Court to take up the full case and overturn the lower court ruling altogether. But because of the Court’s schedule, it’s unlikely the justices will hear the full case in time to change anything for the 2026 cycle.
That means Alito’s emergency stay — and any decision by the full Court — will likely determine whether Texans cast their 2026 votes under the new GOP map or the old one.
Alito, who oversees emergency matters coming from the 5th Circuit, has already signaled urgency by giving civil rights groups until Monday at 5 p.m. Eastern to respond.
For now, the Republican-drawn map remains alive — and Democrats are bracing for a brutal uphill fight as the 2026 midterms inch closer.
