U.S. Senators John Cornyn and Ted Cruz have filed an amicus brief supporting Texas’ emergency application to the U.S. Supreme Court. The application seeks a stay of a district court injunction that prevents Texas from implementing its new congressional district map.
The senators cited the Purcell principle, which discourages courts from changing election rules close to an election. Senator Cornyn stated, “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.”
Senator Cruz added, “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.”
According to excerpts from their brief, on November 18, 2025, a divided three-judge panel in the Western District of Texas granted a preliminary injunction after six advocacy groups argued that eight out of thirty-eight districts were racially gerrymandered in violation of the Fourteenth Amendment’s Equal Protection Clause.
The senators wrote: “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.”
They continued: “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.”
Further stating: “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,” they continued.
Senator Cornyn has won multiple statewide elections over his career including victories against MJ Hegar in 2020 with 53.5% of votes versus Hegar’s 43.9%, David Alameel in 2014 with 61.6% compared to Alameel’s 34.3%, Ron Kirk in 2002 with 55% over Kirk’s 43%, and Rick Noriega in 2008 with 54.8% against Noriega’s 42.8%.
