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In Texas case, it’s politics vs. race at the Supreme Court, with control of Congress at stake

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In Texas case, it’s politics vs. race at the Supreme Court, with control of Congress at stake

The Texas redistricting case now before the Supreme Court turns on a question that often divides judges: Were the voting districts drawn based on politics, or race?

The answer, likely to come in a few days, could shift five congressional seats and tip political control of the House of Representatives after next year’s midterm elections.

Justice Samuel A. Alito, who oversees appeals from Texas, put a temporary hold on a judicial ruling that branded the newly drawn Texas voting map a “racial gerrymander.”

The state’s lawyers asked for a decision by Monday, noting that candidates have a Dec. 8 deadline to file for election.

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They said the judges violated the so-called Purcell principle by making major changes in the election map “midway through the candidate filing period,” and that alone calls for blocking it.

Texas Republicans have reason to be confident the court’s conservative majority will side with them.

“We start with a presumption that the legislature acted in good faith,” Alito wrote for a 6-3 majority last year in a South Carolina case.

That state’s Republican lawmakers had moved tens of thousands of Black voters in or out of newly drawn congressional districts and said they did so not because of their race but because they were likely to vote as Democrats.

In 2019, the conservatives upheld partisan gerrymandering by a 5-4 vote, ruling that drawing election districts is a “political question” left to states and their lawmakers, not judges.

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All the justices — conservative and liberal — say drawing districts based on the race of the voters violates the Constitution and its ban on racial discrimination. But the conservatives say it’s hard to separate race from politics.

They also looked poised to restrict the reach of the Voting Rights Act in a pending case from Louisiana.

For decades, the civil rights law has sometimes required states to draw one or more districts that would give Black or Latino voters a fair chance to “elect representatives of their choice.”

The Trump administration joined in support of Louisiana’s Republicans in October and claimed the voting rights law has been “deployed as a form of electoral race-based affirmative action” that should be ended.

If so, election law experts warned that Republican-led states across the South could erase the districts of more than a dozen Black Democrats who serve in Congress.

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The Texas mid-decade redistricting case did not look to trigger a major legal clash because the partisan motives were so obvious.

In July, President Trump called for Texas Republicans to redraw the state map of 38 congressional districts in order to flip five seats to oust Democrats and replace them with Republicans.

At stake was control of the closely divided House after the 2026 midterm elections.

Gov. Greg Abbott agreed, and by the end of August, he signed into law a map with redrawn districts in and around Houston, Dallas, Fort Worth and San Antonio.

But last week federal judges, in a 2-1 decision, blocked the new map from taking effect, ruling that it appeared to be unconstitutional.

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“The public perception of this case is that it’s about politics,” wrote U.S. District Judge Jeffrey V. Brown in the opening of a 160-page opinion. “To be sure, politics played a role” but “substantial evidence shows that Texas racially gerrymandered the 2025 map.”

He said the strongest evidence came from Harmeet Dhillon, the Trump administration’s top civil rights lawyer at the Justice Department. She had sent Abbott a letter on July 7 threatening legal action if the state did not dismantle four “coalition districts.”

This term, which was unfamiliar to many, referred to districts where no racial or ethnic group had a majority. In one Houston district that was targeted, 45% of the eligible voters were Black and 25% were Latino. In a nearby district, 38% of voters were Black and 30% were Latino.

She said the Trump administration views these as “unconstitutional racial gerrymanders,” citing a recent ruling by the conservative 5th Circuit Court.

The Texas governor then cited these “constitutional concerns raised by the U.S. Department of Justice” when he called for the special session of the Legislature to redraw the state map.

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Voting rights advocates saw a violation.

“They said their aim was to get rid of the coalition districts. And to do so, they had to draw new districts along racial lines,” said Chad Dunn, a Texas attorney and legal director of UCLA’s Voting Rights Project.

Brown, a Trump appointee from Galveston, wrote that Dhillon was “clearly wrong” in believing these coalition districts were unconstitutional, and he said the state was wrong to rely on her advice as basis for redrawing its election map.

He was joined by a second district judge in putting the new map on hold and requiring the state to use the 2021 map that had been drawn by the same Texas Republicans.

The third judge on the panel was Jerry Smith, a Reagan appointee on the 5th Circuit Court, and he issued an angry 104-page dissent. Much of it was devoted to attacking Brown and liberals such as 95-year-old investor and philanthropist George Soros and California Gov. Gavin Newsom.

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“In 37 years as a federal judge, I’ve served on hundreds of three-judge panels. This is the most blatant exercise of judicial activism that I have ever witnessed,” Smith wrote. “The main winners from Judge Brown’s opinion are George Soros and Gavin Newsom. The obvious losers are the People of Texas.”

The “obvious reason for the 2025 redistricting, of course, is partisan gain,” Smith wrote, adding that “Judge Brown commits grave error in concluding that the Texas Legislature is more bigoted than political.”

Most federal cases go before a district judge, and they may be appealed first to a U.S. appeals court and then the Supreme Court.
Election-related cases are different. A three-judge panel weighs the facts and issues a ruling, which then goes directly to the Supreme Court to be affirmed or reversed.

Late Friday, Texas attorneys filed an emergency appeal and asked the justices to put on hold the decision by Brown.

The first paragraph of their 40-page appeal noted that Texas is not alone in pursuing a political advantage by redrawing its election maps.

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“California is working to add more Democratic seats to its congressional delegation to offset the new Texas districts, despite Democrats already controlling 43 out of 52 of California’s congressional seats,” they said.

They argued that the “last-minute disruption to state election procedures — and resulting candidate and voter confusion —demonstrates” the need to block the lower court ruling.

Election law experts question that claim. “This is a problem of Texas’ own making,” said Justin Levitt, a professor at Loyola Law School in Los Angeles.

The state opted for a fast-track, mid-decade redistricting at the behest of Trump.

On Monday, Dunn, the Texas voting rights attorney, responded to the state’s appeal and told the justices they should deny it.

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“The election is over a year away. No one will be confused by using the map that has governed Texas’ congressional elections for the past four years,” he said.

“The governor of Texas called a special session to dismantle districts on account of their racial composition,” he said, and the judges heard clear and detailed evidence that lawmakers did just that.

In recent election disputes, however, the court’s conservatives have frequently invoked the Purcell principle to free states from new judicial rulings that came too close to the election.

Granting a stay would allow Texas to use its new GOP friendly map for the 2026 election.

The justices may then choose to hear arguments on the legal questions early next year.

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Video: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

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Video: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

new video loaded: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

On the fifth day of the war in Iran, Defense Secretary Pete Hegseth said that the U.S. military operation was intensifying and that more warplanes were arriving in the region.

By Christina Kelso

March 4, 2026

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US submarine sinks Iranian warship by torpedo in a first since World War II

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US submarine sinks Iranian warship by torpedo in a first since World War II

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A U.S. submarine sank a prized Iranian warship by torpedo, the first such sinking of an enemy ship since World War II, Secretary of War Pete Hegseth said Wednesday morning.

Hegseth joined Chairman of the Joint Chiefs of Staff Gen. Dan Caine at the Pentagon to provide an update to reporters on “Operation Epic Fury” in Iran.

“An American submarine sunk an Iranian warship that thought it was safe in international waters,” Hegseth said. “Instead, it was sunk by a torpedo. Quiet death. The first sinking of an enemy ship by a torpedo since World War Two. Like in that war, back when we were still the War Department. We are fighting to win.”

Caine said that an Iranian vessel was “effectively neutralized” in a Navy “fast attack” using a single Mark 48 torpedo. He added that the U.S. Navy achieved “immediate effect, sending the warship to the bottom of the sea.”

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WATCH HEGSETH’S ANNOUNCEMENT:

Hegseth said that the U.S. Navy sank the Iranian warship, the Soleimani. The flagship was named for Qasem Soleimani, an Iranian military officer who served in the Islamic Revolutionary Guard Corps who the U.S. killed in a January 2020 drone strike during President Donald Trump’s first term.

“The Iranian Navy rests at the bottom of the Persian Gulf. Combat ineffective, decimated, destroyed, defeated. Pick your adjective,” Hegseth said. “In fact, last night we sunk their prize ship, the Soleimani. Looks like POTUS got him twice. Their navy, not a factor. Pick your adjective. It is no more.”

This map shows U.S. and Israeli strikes against Iranian naval forces as of March 1. (Fox News)

Hegseth also told reporters at the briefing that the U.S. and Israel will soon achieve “complete control” over Iranian airspace after Iran’s missile capabilities were drastically diminished in the four days of fighting.

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US ‘WINNING DECISIVELY’ AGAINST IRAN, WILL ACHIEVE ‘COMPLETE CONTROL’ OF AIRSPACE WITHIN DAYS, HEGSETH SAYS

“More bombers and more fighters are arriving just today and now, with complete control of the skies, we will be using 500 pound, one thousand pound and 2,000 pound laser-guided precision gravity bombs, of which we have a nearly unlimited stockpile,” he said.

The war has killed more than 1,000 people in Iran and dozens in Lebanon, while U.S. officials said six American troops were killed in a fatal drone strike in Kuwait.

Thousands of travelers have been left stranded across the Middle East.

This map shows security and travel updates for Americans regarding countries in the Middle East region. (Fox News)

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Caine told reporters that the U.S. military is helping thousands of Americans stranded in the Middle East after the U.S. State Department urged citizens to leave more than a dozen countries.

Fox News Digital’s Ashley Carnahan contributed to this report.

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Israel says fighter jet took down Iranian warplane, the first shootdown of its kind
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Sen. Padilla preps for Trump trying to seize control of elections via emergency order

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Sen. Padilla preps for Trump trying to seize control of elections via emergency order

Sen. Alex Padilla (D-Calif.) is preparing for President Trump to declare a national emergency in order to seize control of this year’s midterm elections from the states, including by bracing his Senate colleagues for a vote in which they would be forced to either co-sign on the power grab or resist it.

In the wake of reporting last week that conservative activists with connections to the White House were circulating such an order, Padilla sent a letter to his Senate colleagues Friday stating that any such order would be “wildly illegal and unconstitutional,” and would no doubt face “extremely strict scrutiny” in the courts.

“Nevertheless, if the President does escalate his unprecedented assault on our democracy by declaring an election-related emergency, I will swiftly introduce a privileged resolution [and] force a vote in the Senate to terminate the fake emergency,” wrote Padilla, the ranking Democrat on the Senate Committee on Rules and Administration.

Padilla wrote that such an order — which could possibly “include banning mail-in voting, eliminating major voting registration methods, voter purges, and/or new document barriers for registering to vote and voting” — would clearly go beyond Trump’s authority.

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“Put simply, no President has the power under the Constitution or any law to take over elections, and no declaration or order can create one out of thin air,” Padilla wrote.

The same day Padilla sent his letter, Trump was asked whether he was considering declaring a national emergency around the midterms. “Who told you that?” he asked — before saying he was not considering such an order.

The White House referred The Times to that exchange when asked Tuesday for comment on Padilla’s letter.

If Trump did declare such an emergency, a “privileged resolution,” as Padilla proposed, would require the full Senate to vote on the record on whether or not to terminate it — forcing any Senate allies of the president to own the policy politically, along with him.

Experts say there is no evidence that U.S. elections are significantly affected or swung by widespread fraud or foreign interference, despite robust efforts by Trump and his allies for years to find it.

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Nonetheless, Trump has been emphatic that such fraud is occurring, particularly in blue states such as California that allow for mail-in ballots and do not have strict voter ID laws. He and others in his administration have asserted, again without evidence, that large numbers of noncitizen residents are casting votes and that others are “harvesting” ballots out of the mail and filling them out in bulk.

Soon after taking office, Trump issued an executive order purporting to require voters to show proof of U.S. citizenship before registering and barring the counting of mail-in ballots received after election day, but it was largely blocked by the courts.

Trump’s loyalist Justice Department sued red and blue states across the country for their full voter rolls, but those efforts also have largely been blocked, including in California. The FBI also raided an elections office in Georgia that has been the focus of Trump’s baseless claims that the 2020 presidential election was stolen from him.

Trump is also pushing for the passage of the SAVE Act, a voter ID bill passed by the House, but it has stalled in the Senate.

In recent weeks, Trump has expressed frustration that his demands around voting security have not translated into changes in blue state policies ahead of the upcoming midterm elections, where his shrinking approval could translate into major gains for Democrats.

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Last month, Trump wrote on his Truth Social platform, “I have searched the depths of Legal Arguments not yet articulated or vetted on this subject, and will be presenting an irrefutable one in the very near future. There will be Voter I.D. for the Midterm Elections, whether approved by Congress or not!”

Then, last week, the Washington Post reported that a draft executive order being circulated by activists with ties to Trump suggests that unproven claims of Chinese interference in the 2020 election could be used as a pretext to declare an elections emergency granting Trump sweeping authority to unilaterally institute the changes he wants to see in state-run elections.

Election experts said the Constitution is clear that states control and run elections, not with the executive branch.

Democrats have widely denounced any federal takeover of elections by Trump. And some Republicans have expressed similar concerns, including Sen. Mitch McConnell (R-Ky.), who chairs the Senate rules committee.

In the Wall Street Journal last year, McConnell warned against Trump or any Republican president asserting sweeping authority to control elections, in part because Democrats would then be empowered to claim similar authority if and when they retake power.

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McConnell’s office referred The Times to that Journal opinion piece when asked about the circulating emergency order and Padilla’s resolution.

Padilla’s office said his resolution would be introduced in response to an emergency declaration by Trump, but hoped it wouldn’t be necessary.

“Instead of trying to evade accountability at the ballot box,” Padilla wrote, “the President should focus on the needs of Americans struggling to pay for groceries, health care, housing and other everyday needs and put these illegal and unconstitutional election orders in the trash can where they belong.”

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