The Free Press
NewslettersSign InSubscribe
The Texas Gerrymander Isn’t About Race. It’s About Raw Politics.
The press is framing the court’s allowance of Texas’s maps as part of the same political game, but the legal merits tell a different story. (Sara Diggins/The Austin American-Statesman via Getty Images)
Progressives can’t make up their minds about whether race-based districts are forbidden or mandatory. A recent ruling may help set them straight.
By Jed Rubenfeld
12.08.25 — U.S. Politics
--:--
--:--
Upgrade to Listen
5 mins
Produced by ElevenLabs using AI narration
4
5

The gerrymander wars are intensifying, and Texas is the bloodiest front. Yet as both parties scramble for congressional seats, the Supreme Court must referee based on higher principles than partisan interest.

The Court on Friday slapped an emergency stay on a lower court ruling that had struck down the map, which the Texas Legislature drew to give Republicans five additional seats in the House of Representatives. The Court once again split on ideological lines, with the six conservative justices in the majority and the three liberals in dissent.

Technically, the Supreme Court’s stay is a mere interim measure, pending full review down the road. Realistically, it all but guarantees that the new Texas map will be in force for the 2026 midterms.


Read
Redistricting Is Ruining Democracy

The press is framing the court’s allowance of Texas’s maps as part of the same political game, but the legal merits tell a different story.

Continue Reading The Free Press
To support our journalism, and unlock all of our investigative stories and provocative commentary about the world as it actually is, subscribe below.
Annual
$8.33/month
Billed as $100 yearly
Save 17%!
Monthly
$10/month
Billed as $10 monthly
Already have an account?
Sign In
To read this article, sign in or subscribe
Jed Rubenfeld
Jed Rubenfeld is a professor of constitutional law at Yale Law School, a free speech lawyer, and host of the Straight Down the Middle podcast. He is the author of five books, including the million-copy bestselling novel The Interpretation of Murder, and his work has been translated into over thirty languages. He lives with his wife, Amy Chua, in New York City, and is the proud father of two exceptional daughters, Sophia and Lulu.
Tags:
Donald Trump
Washington D.C.
Law
Comments
Join the conversation
Share your thoughts and connect with other readers by becoming a paid subscriber!
Already a paid subscriber? Sign in

No posts

For Free People.
LatestSearchAboutCareersShopPodcastsVideoEvents
Download the app
Download on the Google Play Store
©2025 The Free Press. All Rights Reserved.Powered by Substack.
Privacy∙Terms∙Collection notice