A fight is happening across the country in state capitals and courtrooms over congressional maps. In the last few months, several states have scrambled to redraw congressional maps in the hopes that one political party or the other would gain a seat, or five, in Congress.[1]
Typically, congressional maps are redrawn once a decade, immediately following the decennial census.[2]However, some states do not have a prohibition on drawing maps more frequently.[3] And currently, there is no federal prohibition on political gerrymandering.[4] Thus, states are using congressional maps as a way to take a political stance and a secure a seat before the 2026 midterms. Currently, Republicans have 219 seats in the U.S. House of Representatives, Democrats hold 213 seats, and there are three vacancies.[5] To control the U.S. House of Representatives, Democrats need a net gain of six seats in the midterm elections.
This summer, a gerrymandering wildfire was sparked in Texas. President Donald Trump had requested Texas Gov. Greg Abbott to redistrict the state to favor Republicans in five additional congressional districts.[6] This would strengthen the Republican Party’s odds of retaining control of the U.S. House of Representatives.[7] The request from President Trump came at a time of low approval ratings for the President and the passage of an unpopular bill, the One Big Beautiful Bill.[8] If Gov. Abbott were able to gerrymander the Texas congressional maps mid-decade, President Trump might not have to face accountability from the voters during the midterm elections.
In response to President Trump’s request, Gov. Abbott called a special session of the Texas State Legislature.[9]Many Democratic state lawmakers fled Texas in an attempt to stop a vote from happening on the redrawn maps. [10]Texas Gov. Greg Abbott vowed to expel the Democrats, who left the state, from the legislature if they did not return to Texas for the special session.[11] In late August, Democratic lawmakers relented, and the Texas Senate voted and approved the new, Republican-leaning congressional map.[12] However, the Texas map was just the start of the fire.
To neutralize the new map in Texas, California leaders set a back blaze by quickly drawing up a new congressional map that would gain Democrats five congressional seats in California.[13] California Gov. Gavin Newsom signed two redistricting bills and declared a special election for November 4, 2025.[14] Unlike Texas, where congressional approval is all that is needed to enact new maps, California requires voters to give final approval on any newly drawn congressional maps.[15] In support of the new maps, Gov. Newsom stated, “We’re neutralizing what occurred, and we’re giving the American people a fair chance, because when all things are equal, we’re all playing by the same rules.”[16]
After Texas and California, the wildfire of partisan redistricting has spread to other states. The Missouri General Assembly passed a new map to give Republicans more seats, while opponents are pursuing a referendum to force a statewide vote on the map.[17] Utah passed a revised map, following a court ruling, that gives Democrats a better chance of competing for a seat.[18] Kansas Republican lawmakers are attempting to call a special session to create a revised map.[19] Indiana, Ohio, Maryland, Florida, Illinois, and New York have all raised the possibility of redrawing congressional maps.[20]
Gerrymandering is all about power. As the Republican leader in the California Assembly, James Gallagher, stated, “We know that it’s about power on both sides, rigging congressional districts to get partisan results. That’s what a gerrymander is.”[21] No one should benefit from gerrymandering. In the short term, any benefit that a party receives from gerrymandering can be quickly counteracted by an opposing party, as demonstrated by Texas and California. In the long term, gerrymandering can erode trust in the political system and foster a readiness for voters to believe that the system is rigged.[22] No one should want gerrymandering if it will lead to distrust in the legitimacy of elections. However, if redistricting is the only way for a party in power to avoid the repercussions of voters and stay in power, one should naturally expect redistricting to occur. No party wants to lose power.
North Carolina is not safe from the gerrymandering wildfire. In 2022, the North Carolina Supreme Court held that partisan gerrymandering claims under state law would be political questions and off limits to the courts.[23] After this decision, North Carolina Republicans redrew the map, gerrymandering congressional districts from 7-7 to 10 Republicans and 4 Democrats in 2024.[24] In that election, North Carolina Democrats won over 46 percent of the vote in congressional races but only 29 percent of the congressional seats.[25]
After the maps were redrawn, two lawsuits were filed in North Carolina. In the first lawsuit, the North Carolina NAACP, Common Cause, and several Black residents sued over the state house and Senate maps and the U.S. House districts.[26] The second lawsuit was filed by nearly 20 Black and Latino voters centered on the new congressional districts, four of which the plaintiffs argue are illegal racial gerrymanders.[27] Both lawsuits argue that the new maps violate the Voting Rights Act because many Black voters are not able to elect their preferred candidate. The plaintiffs argue that the new maps spread out Black voting blocks into majority white districts. Specifically, the plaintiffs point to Greensboro, High Point, and Winston-Salem, where the Republicans had split the region’s concentrated Black voting population into multiple different U.S. House districts.[28] The plaintiffs allege that Republican mapmakers intentionally discriminated against Black and Latino voters when redrawing the congressional maps.[29]
The case is being heard by a three-judge panel: 4th U.S. Circuit Court of Appeals Judge Allison Rushing, District Judge Thomas Schroeder, and District Judge Richard Myers.[30] The case went to trial with the federal trial ending in July.[31] During trial, the plaintiffs argued that the 2023 map had a disproportionate impact on Black voters and their ability to elect candidates of their choosing.[32] The plaintiffs also pointed to the Piedmont Triad, where Black voters were more likely than their white counterparts to be moved and dispersed into different congressional districts.[33] The defendants argued that legislators did not use racial data to create the new maps but instead drew districts that would “perform for Republican candidates.”[34] The defendants cited partisan objectives in the new maps, not racial motivations.
The court has not yet released its decision on the case. If the court rules in favor of the plaintiffs, Republicans will have to redraw the maps for the 2026 midterms.[35] A redrawn map in North Carolina would make it harder for Republicans to keep their partisan advantage and would allow Black and Latino voters to regain voting power. If the court rules in favor of the defendants, the highly partisan map would be used through the 2030 elections and disproportionately impact the voting influence of Black and Latino voters. However, the court’s decision may be immaterial given recent actions by the North Carolina General Assembly.
North Carolina Republican legislative leaders announced, on October 13, plans to redraw the state’s 2023 U.S. House district map and on October 16, they released the proposed map.[36] The new map aims at drawing out a current Democrat held congressional seat by increasing the margin between Republican and Democrat voters in the district, leaving North Carolina with no swing districts.[37] The North Carolina House and Senate is expected to consider the new map this week, as stated in a press release by North Carolina House Speaker Destin Hall.[38] To pass a new congressional map, only a simple majority in both chambers of the General Assembly is needed.[39] Republicans control both chambers with nearly a supermajority and the map cannot be vetoed by the governor.[40] Therefore, the passage of the maps is a “foregone conclusion.”[41]
If passed, North Carolina’s delegation would become 11 Republican seats and 3 Democrat seats. House Speaker Destin Hall stated “Our state won’t stand by while Democrats like Gavin Newsom redraw districts to aid in their efforts to obtain a majority in the U.S. House.”[42] He continued saying, “We will not allow them to undermine the will of the voters and President Trump’s agenda.”[43] The new gerrymandered map comes weeks after a poll in North Carolina found that 84% of voters oppose gerrymandering, including 78% of Republicans.[44] A new gerrymandered map in North Carolina demonstrates that political leaders are concerned only about power, and not the people. This announcement throws North Carolina into the race of states, like Texas and California, that are redrawing their maps before the midterms.
As the gerrymandering wildfire continues in North Carolina and across the country, states will continue fighting fire with fire. But if you fight fire with fire, as the Republican leader in the CA Assembly stated, “You burn it all down.”[45] Intended or not, you burn down the voting power of disadvantaged voters. You burn down the trust voters have in elections. And you burn down the integrity of the democratic system.
[1] Rachel Leingang, North Carolina Republicans will redraw maps to gain extra seat in Congress, The Guardian (Oct. 14, 2025), https://www.theguardian.com/us-news/2025/oct/14/north-carolina-republicans-congressional-maps.
[2] Legislative Redistricting: How Do States Draw Congressional Districts?, Bloomberg Government (Feb. 10, 2025), https://about.bgov.com/insights/congress/who-draws-congressional-districts/.
[3] David A. Lieb, More states are moving to redraw US House districts after Trump urged it for partisan gain, AP News(Oct. 6, 2025), https://apnews.com/article/redistricting-gerrymandering-congress-trump-0af8561b1670032fae3e1d2aec7905f0.
[4] Id.
[5] Party Breakdown, U.S. House of Representatives Press Gallery, https://pressgallery.house.gov/member-data/party-breakdown.
[6] Neera Tanden, Ben Olinsky, & Greta Bedekovics, Trump Ordered Texas to Gerrymander 5 New Republican-Leaning Congressional Districts – This is How Other States Can Fight Back, Center for American Progress (Aug. 27, 2025), https://www.americanprogress.org/article/trump-ordered-texas-to-gerrymander-5-new-republican-leaning-congressional-districts-this-is-how-other-states-can-fight-back/.
[7] Id.
[8] Id.
[9] Press Release, Officer of the Texas Governor, Governor Abbott Announces Special Session #2 (Aug. 15, 2025).
[10] Giselle Ruhiyyih Ewing, Trump on Texas redistricting: ‘We are entitled to 5 more seats’, Politico (Aug. 8, 2025), https://www.politico.com/news/2025/08/05/trump-texas-redistricting-00493624.
[11] Id.
[12] Jim Vertuno, Joey Cappelletti, & Hallie Golden, Texas Senate passes redrawn congressional map favoring GOP, sends to governor, PBS News (Aug. 23, 2025), https://www.pbs.org/newshour/politics/texas-senate-passes-redrawn-congressional-map-favoring-gop-sends-to-governor.
[13] Laurel Rosenhall, Newsom Signs California Redistricting Plan to Counter Texas Republicans, N.Y. Times (Aug. 21, 2025), https://www.nytimes.com/2025/08/21/us/politics/california-newsom-redistricting-texas.html.
[14] Id.
[15] Id.
[16] Id.
[17] Lieb, supra note 2.
[18] Id.
[19] Id.
[20] Id.
[21] Rosenhall, supra note 12.
[22] Shaun Bowler & Todd Donovan, Corruption, Gerrymandering and Perceptions of Election Integrity: Is There More to Confidence Than Partisanship?, 53(6) Am. Pol. Rsch. 547, 556 (2025).
[23] Michael Li, How Gerrymandering and Fair Maps Affected the Battle for the House, Brennan Center for Justice(Dec. 16, 2024), https://www.brennancenter.org/our-work/analysis-opinion/how-gerrymandering-and-fair-maps-affected-battle-house.
[24] Id.
[25] Id.
[26] Gary D. Robertson, Redistricting trial begins in North Carolina over allegations that GOP-enacted maps erode Black voting power, PBS News (June 16, 2025), https://www.pbs.org/newshour/politics/redistricting-trial-begins-in-north-carolina-over-allegations-that-gop-enacted-maps-erode-black-voting-power.
[27] Id.
[28] Id.
[29] Id.
[30] Id.
[31] Id.
[32] Lynn Bonner, North Carolina’s racial gerrymandering trial ends with dueling expert testimony, NC Newsline (July 11, 2025), https://ncnewsline.com/2025/07/11/north-carolinas-racial-gerrymandering-trial-ends-with-dueling-expert-testimony/.
[33] Id.
[34] Id.
[35] Robertson, supra note 24.
[36] Brandon Kingdollar, North Carolina Republicans release proposed congressional map aimed at flipping Democratic seat, NC Newsline (Oct. 16, 2025), https://ncnewsline.com/briefs/north-carolina-republicans-release-proposed-congressional-map-aimed-at-flipping-democratic-seat/.
[37] Id.
[38] Id.
[39] Id.
[40] Id.
[41] Id.
[42] North Carolina GOP announce plans to vote on new House map amid nationwide redistricting battle, Politico (Oct. 13, 2025), https://www.politico.com/news/2025/10/13/north-carolina-gop-announce-plans-to-vote-on-new-house-map-amid-nationwide-redistricting-battle-00606773.
[43] Id.
[44] Id.
[45] Rosenhall, supra note 12.
