Federal Court Orders Trump’s DOJ to Restate Stance on Texas Redistricting Case

The exterior of the U.S. Department of Justice building is pictured on May 4, 2021, in Washington. (Patrick Semansky/AP)

A federal judge ordered the U.S. Department of Justice (DOJ) under President Donald Trump to inform the court by Monday whether it plans to alter its position or continue to pursue its claims in a Texas redistricting case that was initially filed by the DOJ under former President Joe Biden.

This action is unusual since judges don’t typically ask the DOJ to restate their position on a case due to a presidential administration change. The DOJ could submit a brief with new stances or drop the case whenever they want; they don’t need permission from the court to do so.

In December 2021, the Biden DOJ sued the state of Texas, challenging its new state House and congressional maps drawn with 2020 census data. The department argued that the maps ignored Texas’ growing minority populations and instead diluted the voting strength of voters of color, violating Section 2 of the Voting Rights Act. 

The DOJ asked the court to block the use of the maps in future elections and order the creation of maps that comply with Section 2.

That same month, the DOJ’s case was consolidated with seven other similar cases, and the Justice Department is now one of many plaintiffs in League of United Latin American Citizens v. Abbott.

Litigation is ongoing in this case in federal court, and it has not yet gone to trial. A three-judge panel assigned to the case, consisting of judges appointed by Trump and former Presidents Barack Obama and Ronald Reagan, issued an order Monday to the DOJ.

Judge Jerry E. Smith, a Reagan appointee, referenced Trump’s inauguration, his appointment of a new attorney general and the DOJ’s order to freeze its Civil Rights Division, explaining that due to “the possible influence of these changes on this litigation,” the court asks the department to submit a brief on the claims in the lawsuit and whether it intends to proceed in the case.

The court gave the DOJ until Feb. 7 to submit the requested brief.

Read the court’s order to the DOJ here.

Learn more about the DOJ’s lawsuit here.

Learn more about the consolidated case here.