Judge Critiques Ruling Against Texas Congressional Map

U.S. Circuit Judge Jerry Smith has sharply criticized a recent 2-1 ruling by two district judges that struck down Texas' newly drawn congressional map, calling it an example of judicial overreach. Smith's dissent, released shortly after the majority opinion, accused his colleagues of undermining legislative authority with what he termed "outrageous conduct."

The majority ruling, issued on Tuesday, claimed that the new congressional map constitutes a race-based gerrymander, which is illegal. The map was redrawn to create five additional Republican-leaning seats. The U.S. Department of Justice (DOJ) had previously urged Texas to revise its map due to concerns about race-based districts in the existing layout. Texas Governor Greg Abbott referenced the DOJ's letter when he called a special session for redistricting.

Judge Smith argued that the majority's interpretation of the DOJ's letter was flawed, asserting that it suggested redistricting based on race. He contended that if Texas had indeed redrawn its map to comply with the DOJ's guidance, it would be illegal. However, Texas Republicans maintain that the map was altered for political reasons rather than racial ones.

In his dissent, Smith described the majority's ruling as "the most blatant exercise of judicial activism" he has encountered in his 37 years on the federal bench. He stated, "The plaintiffs’ theory is both perverse and bizarre," criticizing the notion that Republicans would disadvantage racial minorities while attempting to gain more seats.

Smith further claimed that the ruling favored political interests, stating, "The main winners from Judge Brown’s opinion are George Soros and Gavin Newsom. The obvious losers are the People of Texas and the Rule of Law." He emphasized that the majority's decision violates the Purcell principle, which cautions against altering voting maps close to elections.

"Counties have begun preparations with the 2025 map and educating local officials about the current law," Smith noted, arguing that the ruling disrupts the status quo and complicates electoral planning for candidates.

The Texas congressional map has been a contentious issue, with implications for upcoming elections. The ruling could affect down-ballot races, as candidates may need to reconsider their plans in light of the judicial intervention.

Smith concluded his dissent by asserting that the majority's actions represent a significant judicial overreach into a matter that should remain under legislative control.