U.S. Senators Ted Cruz and John Cornyn, both Republicans from Texas, have filed an amicus brief in support of the State of Texas’ emergency application to the U.S. Supreme Court. The application seeks a stay on a district court injunction that currently prevents Texas from implementing its new congressional district map.
The senators argue that the Constitution gives states and their legislatures the authority over redistricting matters. Senator Cruz stated, “The Constitution entrusts redistricting matters to the states and to state legislators. The federal district court’s preliminary injunction was not made on the merits of the case, runs counter to precedent and to principles of federalism, and undermines the prerogatives of Texas lawmakers and the will of Texas voters. The Supreme Court should stay that preliminary injunction, and do so expeditiously in order to provide certainty in our election maps and rules as we approach deadlines for the 2026 election.”
Senator Cornyn added, “The Texas legislature holds the authority to redraw the state’s congressional districts, and as we quickly approach the 2026 election, it is critical for both voters and candidates that the State’s new map be in place. I’m proud to file this amicus brief in support of Texas’ emergency application to the U.S. Supreme Court to help ensure Texans get a fair election next year using the congressional district map passed by the Texas legislature.”
According to excerpts from their brief: “On November 18, 2025, a split, three-judge district court of the U.S. District Court for the Western District of Texas threw caution to the wind and held that a group of six advocacy groups (collectively, ‘Plaintiffs’) were entitled to a preliminary injunction because it believed the Texas Legislature’s new congressional district maps, enacted in August 2025, ‘racially gerrymandered’ eight (out of thirty eight) districts in violation of the Fourteenth Amendment’s Equal Protection Clause.
“To remedy this perceived violation, the district court ordered Texas to revert to its 2021 congressional map. By granting the injunction, the district court violated the Purcell principle, a ‘bedrock tenet of election law,’ which prohibits federal judges from altering State election rules and procedures shortly before such elections are held.
“By failing to apply Purcell, the court caused massive disruption, chaos and confusion within the State itself, as well as for political parties, candidates, local election officials, and Texas voters. Consequently, the district court’s preliminary injunction must be stayed pending further order of this Court.”
Senator Ted Cruz has previously won Senate elections against Democratic challengers Colin Allred in 2024 with about 53% of votes compared with Allred's approximately 45%, Beto O'Rourke in 2018 with just over half of all votes cast versus O'Rourke's roughly 48%, and Paul Sadler in 2012 by securing more than half while Sadler received around 41%.
