Martinez Fischer: “We Are the Test Case”
Some claim the only way to fight a hyper-partisan power grab is inside the brass rail at the Texas Capitol. I disagree.
This isn’t an ordinary legislative fight with predictable outcomes. The effects of mid-decade redistricting are not only felt in Texas — our Commander in Cheat, Donald Trump, made it clear he’s trying to rig the 2026 elections for control of the United States House of Representatives. He wants to decide the outcome of the 2026 elections before the first vote is cast.
It is my duty and moral responsibility to sound the loudest alarm, alerting our nation to this assault on our Democracy. There is no way we could have been successful fighting this on the House floor, so we moved the fight to the national arena. I’ve been using the iconic Apollo 13 saying with a slight edit: America, we have a problem.
We are the test case, and if the party in power gets away with it here, it’ll spread to other states, piece by piece, map by map, until the people have no power at all.
As a result of our quorum break, the country has awakened, and other states have now engaged in a measured response to this theft. Make no mistake: Texas House Democrats set the tone. History will reflect our quorum break spark, starting the chain reaction, like New Hampshire’s refusal to give in to Trump’s demands for mid-decade redistricting.
I have been serving in the Texas House of Representatives for 23 years and this is my fifth legislative redistricting cycle. That’s including two U.S. Supreme Court appearances and four quorum breaks. This isn’t my first rodeo.
Redistricting in the Texas Legislature isn’t the equal, bipartisan task that they want you to believe it is — the Republicans have total control. They pick the committee members, even the Democrats. Every step of this process is carefully orchestrated to produce their outcome. The actual map is created outside the committee process, typically by private groups, and the partisan majority of both the House and Senate all but ensures Republicans will succeed.
Outside the Capitol, lawsuits will be filed in court before a three-judge panel that is often already Republican leaning. We will appeal their decision to the U.S. Supreme Court, also Republican leaning, and this entire process will take years. If any relief is given by the Courts (and that is a big “if”), it’s short-lived because the clock resets and this facade starts anew every decade.
Republicans know this game very well; they do it all the time. Wash, rinse, repeat. The consequences are dire for most Texans. As a direct result of this autocracy, Texans have high taxes, broken roads and our children die at camp and in their schools.
In both 2011 and 2021 Texas grew by more than 4,000,000 in population over the course of each decade. This explosive growth was among the largest in the country, resulting in four additional seats in Congress in 2011 and at least two more in 2021. Ninety-five percent of that growth was minority, with fifty percent alone being Latino.
Since communities of color are the reason for Texas’ increased political power in the halls of Congress, you would think that minorities would be given the opportunity to elect a candidate of their choice. Not a chance! Republicans have become experts in the art of stacking, packing, and cracking minority communities to exploit their political power.
Texas Republicans doing the bidding of President Trump are seeking a deeply cynical map aimed at the heart of the minority community. Of the five districts eliminated by the map, four were created by courts to remedy Texas’ previous civil rights violations. None of the “newly” created Latino majority districts will ever elect a candidate supported by the Latino community, meaning another generation of Latino voters’ voices will be silenced by politicians in Austin and Washington, D.C. Ten million Texans will be moved into new congressional districts, nearly 35% of the population. Implementing this late plan will be a nightmare for election administrators and strain our election infrastructure to its capacity. Worst of all, Texas Republicans may seek more congressional seats in retribution.
Texas Republicans doing the bidding of President Trump are seeking a deeply cynical map aimed at the heart of the minority community.
All of these changes will cause mass voter confusion, political apathy and weaken our election systems. All of this is in service of a president doing everything he can to avoid responsibility for his actions. Never underestimate the collective will of the American people when it comes to preserving and protecting our Democracy. We have sounded the alarm, educated the public and we are working with leaders in other states to offset ill-gotten gains in Texas.
Trump has thrown out the rule book so we will fight fire with fire. We are running the first leg in this race for democracy. In the days to come, we will pass the torch to others so they can do their part.
I want to emphasize this: there would be no national response and no public outrage had we treated this as just another piece of legislation. Instead, we met the moment and now we have a fighting chance for fair elections in Congress. As well as a robust litigation record for the inevitable legal challenge.
Texas is one of only four states that have a 2/3 requirement to establish a quorum — our founders felt the need to protect the minority from the tyranny of the majority. I wish our federal government felt the same. I am proud to use the legislative tools in our State Constitution, and I will do it again if necessary. In these hyperpartisan times, I will always fight for what I believe is right and just. When history reflects on this day, I will be on the right side. I hope you’ll join me.
Trey Martinez Fischer (D, San Antonio) is serving his 12th term in the Texas House of Representatives. He is the former Chairman of the House Democratic Caucus and the Mexican American Legislative Caucus.