Sens. Cruz, Cornyn File Amicus Brief Backing Texas’ Emergency Application to Implement New Congressional Map

WASHINGTON, D.C. – U.S. Sens. Ted Cruz (R-Texas), Chairman of the Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights, and John Cornyn (R-Texas) filed an amicus brief in support of the State of Texas’ emergency application to the U.S. Supreme Court for a stay of the district court injunction that barred Texas from implementing its new congressional district map. The Senators did so in part on the basis of the Purcell principle, which holds that courts should not change election rules shortly before an election.

Sen. Cruz said, “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.”

Sen. Cornyn said, “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.”

Excerpts from the amicus brief are below, and the full text of the brief can be viewed here.

“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.”