Here's a breakdown of the key points:
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Texas Constitution and State Districts: The Texas Constitution requires the legislature to redistrict Texas House, Senate, and State Board of Education seats during its first regular session following each decennial census. The most recent redistricting for these seats was done in 2021 after the 2020 census.
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Congressional Districts: Unlike state-level districts, the Texas Constitution and state statutes do not have a specific provision that addresses congressional redistricting. This has been interpreted to mean that the legislature has the authority to draw new congressional districts at other times, not just after a census. This is a crucial distinction. The most recent congressional redistricting in Texas was also in 2021.
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The 2025 Effort: The current push for redistricting in 2025 is specifically for congressional districts. This effort is being driven by Republican lawmakers and has been publicly supported by President Donald Trump, with the goal of creating more Republican-leaning seats.
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Legal Challenges: The legality of this mid-decade redistricting is being debated and challenged.
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Federal Law: The U.S. Supreme Court, in a 2019 case, has stated that federal courts have no authority to decide whether partisan gerrymandering (drawing districts for political advantage) goes too far. This leaves the matter to state courts and laws.
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State Law: The Texas Constitution doesn't explicitly prohibit mid-decade redistricting for congressional seats, which is what the proponents of the new map are relying on.
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Political Context: The push for new maps has led to a major political conflict. Democratic lawmakers have fled the state to prevent a quorum and block the vote on the new maps, a tactic that has been used before in Texas to delay legislation.
In summary, while the Texas Constitution specifically ties state legislative redistricting to the decennial census, there is no similar state law for congressional districts. This lack of a specific prohibition is what makes the 2025 redistricting attempt legal from a certain perspective, even though it's highly unusual and politically contentious. The matter has been and continues to be the subject of legal and political battles.
