{"id":37,"date":"2026-05-21T18:10:55","date_gmt":"2026-05-21T18:10:55","guid":{"rendered":"https:\/\/movingservicesamerica.com\/?p=37"},"modified":"2026-05-21T18:10:55","modified_gmt":"2026-05-21T18:10:55","slug":"the-texas-redistricting-fight-has-been-the-testing-ground-for-the-trump-administrations-latest-legal-strategy","status":"publish","type":"post","link":"https:\/\/movingservicesamerica.com\/?p=37","title":{"rendered":"The Texas Redistricting Fight Has Been the Testing Ground for the Trump Administration\u2019s Latest Legal Strategy"},"content":{"rendered":"<div>\n<p>On July 7, the Justice Department sent a harshly written letter threatening to sue the staunchly Republican state of Texas, notwithstanding its efforts to help elect Donald Trump and the fact that the president had singled out its leaders as key allies in his immigration crackdown.<\/p><p>Read more <a href=\"https:\/\/movingservicesamerica.com\/?p=34\">ProPublica and Other News Organizations Fight to Unseal Texas AG Ken Paxton\u2019s Divorce Records<\/a><\/p>\n<p>The letter decried the congressional map previously passed by the state\u2019s Republican-led Legislature as \u201cunconstitutional racial gerrymanders.\u201d It demanded that Gov. Greg Abbott and state Attorney General Ken Paxton respond the same day with a plan to comply. Otherwise, the Justice Department said, it reserved \u201cthe right to seek legal action against the state.\u201d<\/p>\n<p>Despite its adversarial tone, the letter was hardly unwelcome. In fact, it was just the opposite.<\/p>\n<p>It set in motion a chain of events that gave Abbott and Paxton the political cover needed to provide Trump with exactly what he wanted: a mid-decade redrawing of district lines designed to ease that path for his party to maintain control of Congress after the 2026 midterm elections.<\/p>\n<p>Republican lawmakers prioritized passage of the new political map above nearly all other legislation during the state\u2019s second special session, including disaster preparedness and relief for victims of the July 4 flooding that killed more than 130 Texans. The new congressional boundaries, crafted to net Republicans up to five more seats, drew an immediate legal challenge from a coalition of Black and Latino voters who, on Saturday morning, alleged that it discriminates against nonwhite voters. Abbott is expected to sign it into law this week.<\/p>\n<p>\u201cThe One Big Beautiful Map has passed the Senate and is on its way to my desk, where it will be swiftly signed into law,\u201d Abbott said in a statement on Saturday. \u201cI promised we would get this done, and delivered on that promise.\u201d<\/p>\n<div>\n<\/div>\n<p>The series of events is part of a larger trend this summer of the Trump administration using legal action or the threat of the courts to seemingly coerce Republican governors and other politically aligned defendants to do precisely what he wants them to do. The strategy has allowed his administration to sidestep state legislatures and Congress, according to legal experts and critics. In some cases, it has allowed red states to achieve a politically valuable goal they\u2019d wanted all along.<\/p>\n<p>In Texas, Trump has been met with state leaders who have been willing, if not eager, collaborators in carrying out his agenda.<\/p>\n<p>Over the past three months, the Trump administration has employed a series of legal tactics in the state to achieve a desired outcome.<\/p>\n<p>It filed a federal lawsuit and, in one day, killed a decades-old law allowing Texas students who were not U.S. citizens or permanent residents to receive in-state tuition at public colleges and universities if they met specific criteria. The move came just two days after bills to repeal the law failed to pass the state Legislature.<\/p>\n<p>The Trump administration also maneuvered within the court system, reaching an agreement to settle a lawsuit against the federal government that effectively gutted a ban on churches participating in political campaigns. Trump has long opposed the ban, which he vowed to end, but the president lacked congressional support for such a move.<\/p>\n<p>On redistricting, Trump used his heft within the party to force the state Legislature to redraw the typically once-a-decade political map it had approved just four years earlier, leading to a standoff with the governors of Democratic states. Last week, California Gov. Gavin Newsom signed measures that will ask voters in his state to approve five new districts that would favor Democrats in direct response to Texas\u2019 redistricting.<\/p>\n<p>Trump is not the first president to use a \u201csue and settle\u201d strategy.<\/p>\n<p>Republicans complained bitterly about the Obama administration encouraging liberal groups and Democratic state attorneys general to file suits against the Environmental Protection Agency, which then led to the rapid adoption of consent agreements for more stringent enforcement of environmental policies than Congress was likely to pass, said Marquette University law professor Paul Nolette.<\/p>\n<p>But Trump\u2019s strategy, Nollette said, is even more aggressive.<\/p>\n<p>Justice Department spokesperson Natalie Baldassarre and Andrew Mahaleris, an Abbott spokesperson, declined to respond to questions from ProPublica and The Texas Tribune. The White House acknowledged an email seeking comment, but did not provide one.<\/p>\n<p>Taken together, Trump\u2019s legal strategies in Texas this summer show a win-at-all-costs mindset that is trampling on legal norms, said University of Texas law professor Sanford Levinson. He is among several legal scholars and lawyers representing civil rights and religious liberty groups who told ProPublica and the Tribune they fear the administration\u2019s strategy to bypass the checks provided by the legislative and judicial branches of government will cause lasting harm.<\/p>\n<p>\u201cOne ought to be extremely disturbed by this thoroughly authoritarian administration,\u201d said Levinson, who has taught constitutional law for 45 years. He added that through such initiatives, Trump is \u201ctrying to enforce the \u2018F\u00fchrerprinzip\u2019 of absolute loyalty to himself, rather than to abstract constitutional norms.\u201d<\/p>\n<div>\n<\/div>\n<p>\u201cWhat is truly incredible is the extent to which the GOP has fallen in line,\u201d Levinson said.<\/p>\n<h3>\u201cNew Level\u201d<\/h3>\n<p>The first clear sign that the administration was working with the state\u2019s Republican leadership to bypass lawmakers was its successful June 4 effort to nullify the Texas Dream Act.<\/p>\n<p>The 2001 law granted in-state tuition at public colleges and universities to students who lived in the state for three years and graduated from a Texas high school, even if they were not permanent residents or U.S. citizens.<\/p>\n<p>Efforts to repeal or sharply curtail the benefit for immigrant children have gone nowhere in the Republican-led Legislature, including this year. It would never have passed, or remained in place for so long, without the support of Texas Republicans, said former state Sen. Leticia Van de Putte, a lead sponsor of the 2001 law. The San Antonio Democrat recalled in an interview that the law, which former Gov. Rick Perry signed, had the support of most major groups representing Texas businesses because many believed that encouraging immigrant youth to pursue higher education expands their lifelong earnings, bolsters the workforce and benefits state coffers.<\/p>\n<p>On June 4, two days after the Legislature adjourned, U.S. Attorney General Pam Bondi sued Texas in federal court in Wichita Falls. There, only one district judge sits \u2014 Reed O\u2019Connor, a Trump appointee. Within hours, Paxton, who is charged with defending the state\u2019s laws, joined the federal government in filing  that asked the court to declare the law unconstitutional. O\u2019Connor, who did not respond to a request for comment about the case, quickly agreed.<\/p>\n<p>Paxton\u2019s communications office did not respond to written questions from ProPublica and the Tribune. It\u2019s unclear if Abbott, who succeeded Perry, supported the move by Bondi and Paxton to bypass the legislative process and kill the law.<\/p>\n<p>Abbott has not said a lot about the issue since his initial run for governor in 2014, and Mahaleris, his spokesperson, did not respond to questions about it. Back then, pressed by Democratic opponent Wendy Davis, who predicted that GOP lawmakers would try to repeal in-state tuition for immigrant youth and said she\u2019d veto any such legislation, Abbott suggested he supported making some changes and left the door open to signing a repeal bill.<\/p>\n<p>\u201cGreg Abbott believes that the objective of the program is noble. But he believes the law as structured is flawed and it must be reformed,\u201d an Abbott spokesperson said at the time.<\/p>\n<p>Had the Republican-led Legislature truly been interested in repealing the law, it would have done so, said Van de Putte, who pointed to this year\u2019s passage of a program that allows families to use taxpayer dollars to fund their children\u2019s private school education. \u201cI mean, they got vouchers,\u201d Van de Putte said. \u201cThis wasn\u2019t a policy imperative.\u201d<\/p>\n<p>Van de Putte, now a lobbyist, said that when she heard of Paxton and Bondi\u2019s maneuver, her \u201cheart ripped.\u201d<\/p>\n<p>On June 5, a day after the Justice Department and Paxton worked together to overturn the law, Deputy Associate Attorney General Abhishek Kambli exulted over the collaboration, saying that because they \u201cwere able to have that line of communication and talk in advance, a statute that\u2019s been a problem for the state for 24 years, we got rid of it in six hours.\u201d In audio obtained by NBC News, Kambli told GOP state attorneys general at a private gathering that the president\u2019s legal team was \u201clearning how to be offensive-minded\u201d and \u201cbrought in a lot of people from state-AG world\u201d conversant in the tactics.<\/p>\n<p>The Justice Department didn\u2019t respond to a request for comment about Kambli\u2019s remarks. According to NBC, a department spokesperson did not dispute that Kambli made the statements and said it was \u201cpretty standard\u201d for department lawyers to notify state attorneys general of federal lawsuits ahead of time.<\/p>\n<div>\n<\/div>\n<p>The same day Kambli spoke to the gathering with GOP state attorneys general, Bondi and Paxton issued a joint news release celebrating the victory. Bondi praised Paxton \u201cfor swiftly working with us to halt a program that was treating Americans like second-class citizens in their own country.\u201d For his part, Paxton said he was \u201cproud to stand with Attorney General Bondi and the Trump Administration to stop an unconstitutional and un-American law that gave in-state tuition to illegal aliens.\u201d In ensuing weeks, the Justice Department sought to repeat its Texas victory by filing suits challenging immigrant-tuition benefits in Kentucky, Minnesota and Oklahoma. Oklahoma joined Texas in agreeing to end its benefits, while Democratic statewide officials in Minnesota and Kentucky are pushing back.<\/p>\n<p>The effort was \u201ccoordinated and planned collusion to circumvent the people and Texas\u2019 legislative process,\u201d said Kristin Etter of the Texas Immigration Law Council, an immigrant rights advocacy group.<\/p>\n<p>Marquette\u2019s Nolette, an expert on state attorneys general, said Paxton, a three-term Republican attorney general, and Trump\u2019s Justice Department have moved to a \u201cnew level\u201d of using the courts to achieve favored policy outcomes. He said the collaboration between Paxton and the Justice Department is an expansion of the \u201csue and settle\u201d approach that the Obama administration employed. In many of those cases, there was at least a provision of the federal Clean Air Act allowing suits against the EPA administrator for lax policing, Nolette said.<\/p><p>Read more <a href=\"https:\/\/movingservicesamerica.com\/?p=32\">\u201cHis Audience Was Really Trump\u201d: How New FBI Lead Used His Missouri AG Role to Wage a Culture War<\/a><\/p>\n<p>\u201cWith Paxton, however, he is working with U.S. DOJ to challenge Texas\u2019s own laws. There are no statutes that allow, or even anticipate, this behavior,\u201d he said.<\/p>\n<h3>Court Tactics<\/h3>\n<p>Fresh off its success in dismantling the Texas Dream Act, the Trump administration moved swiftly to overturn a 71-year-old federal law banning nonprofits, including religious institutions, from endorsing political candidates.<\/p>\n<p>The ban, known as the Johnson Amendment, did not specifically target religious groups, but, in the past three decades or so, evangelical churches that tend to align with the GOP have railed against it, saying it impermissibly muzzles their rights to free speech and exercise of religion.<\/p>\n<p>In August 2024, the National Religious Broadcasters, the conservative group Intercessors for America, and two Texas churches \u2014 Sand Springs Church of Athens and First Baptist Church of Waskom, near the Louisiana line \u2014 sued in Tyler to overturn the Johnson Amendment\u2019s strictures against secular nonprofits as well as churches.<\/p>\n<p>On July 7, their case gained significant momentum when the Justice Department joined conservative lawyers for evangelical churches in filing a motion similar to the one used to end the Texas Dream Act. In both cases, the administration\u2019s intervention set the stage for a , an agreement reached between the plaintiffs and the defendants as part of a settlement submitted to the judge hearing the case.<\/p>\n<p>In this instance, the Justice Department said the ban unconstitutionally prohibited nonprofit organizations from engaging in political speech and that religious leaders should be able to endorse political candidates from the pulpit. The proposed settlement of the suit, however, only applied to houses of worship.<\/p>\n<p>Rachel Laser, president and CEO of Americans United for Separation of Church and State, said the consent judgment proposed to U.S. District Judge J. Campbell \u201cCam\u201d Barker in Tyler amounts to \u201cimproper collusion between \u2026 the Trump administration and some religious extremists to achieve a policy objective.\u201d Her group supports keeping the Johnson Amendment.<\/p>\n<p>Barker, a Trump appointee, is allowing interested people and groups to file amicus briefs in the case. So far, he has not adopted or rejected the agreement between the administration and the evangelical groups.<\/p>\n<p>Trump, who has said he learned about the Johnson Amendment when he collected evangelical ministers\u2019 blessings as he first ran for the White House in 2015, sought to end it through an executive order. His Capitol Hill allies also tried in 2017 to repeal the tax code\u2019s constraint on churches\u2019 political activity but failed to attract the 60 Senate votes needed to overcome a filibuster.<\/p>\n<div>\n<\/div>\n<p>Holly Hollman, general counsel for the Baptist Joint Committee for Religious Liberty, which supports preservation of the Johnson Amendment, said that, if approved by Campbell, the consent order would amount to an end-run around Congress \u2014 and one defying most Americans\u2019 wishes.<\/p>\n<p>\u201cThe majority of Americans in poll after poll support the rule and don\u2019t want nonprofits, including houses of worship, turned into just another partisan mechanism that divides communities,\u201d Hollman said.<\/p>\n<p>One of the leading Christian conservative lawyers trying to overturn the Johnson Amendment, Michael P. Farris, who represents the National Religious Broadcasters, pushed back on allegations of collusion.<\/p>\n<p>\u201cThe answer to your question is pretty simple. This case was filed on August 28, 2024,\u201d or before Trump reclaimed the presidency, he said. \u201cWe will not reply further,\u201d said Farris, who played a key role in drafting Paxton\u2019s bid to have the Supreme Court overturn the results of the 2020 presidential election, according to The New York Times.<\/p>\n<p>\u201cWe are answering no media questions until the judge rules,\u201d he wrote in an email to ProPublica and the Tribune.<\/p>\n<p>Trump\u2019s work with state officials to reach his desired outcomes is unprecedented and dangerous, said Jim Harrington, retired founder of the Texas Civil Rights Project, a legal group that advocates for voting rights and racial and economic justice. Filing \u201ccollusive lawsuits,\u201d such as the ones over in-state tuition for undocumented immigrants and revocation of tax-exempt status for churches that dabble in politics, and carefully selecting courts where the judges are likely to be sympathetic, lets Trump evade constraints created by the framers of the U.S. Constitution, Harrington said.<\/p>\n<p>The administration\u2019s tactics are a quick way to get around recalcitrant lawmakers but risk undermining the judiciary\u2019s role as an independent branch of government, he said.<\/p>\n<p>\u201cEven conservative judges should raise their eyebrows about the undermining of the integrity of the judicial system that\u2019s going on,\u201d said Harrington, who has taught for 27 years as an adjunct law professor at the University of Texas at Austin. \u201cThis is a really serious attack on our system.\u201d<\/p>\n<h3>Race-Based Debates<\/h3>\n<p>Legal challenges to Texas\u2019 new map have previously taken years to resolve, raising uncertainty over whether Saturday\u2019s lawsuit will be decided before next year\u2019s midterm election.<\/p>\n<p>A decision will hinge, in part, on how the courts view an assertion by the Trump administration that the congressional map passed by the Legislature four years ago, and defended by GOP lawyers in court as race-neutral, suddenly must be changed because it paid too much attention to race.<\/p>\n<p>Michael Li, senior counsel for the Democracy Program at the Brennan Center for Justice, a nonprofit public policy institute that works on election- and democracy-related issues, said that the administration\u2019s reasoning is flawed and that both the 2021 map and the new one discriminate against nonwhite voters.<\/p>\n<p>The 2021 map drew intense criticism for its dispersal of nonwhite groups into districts where they\u2019d have less influence. Dramatic gains among Texas\u2019 Hispanic, Black and Asian American communities accounted for 95% of the state\u2019s population growth. But lawmakers drew a map where 23 of the 38 congressional districts had white majorities, even though in the 2020 census, white and Hispanic Texans constituted roughly equal shares of the total population.<\/p>\n<div>\n<\/div>\n<div>\n<h3>Read More<\/h3>\n<div>\n<div>\n\n<figure class=\"wp-block-image size-full\"><img loading=\"lazy\" decoding=\"async\" alt=\"\" class=\"wp-image-36\" height=\"400\" src=\"https:\/\/movingservicesamerica.com\/wp-content\/uploads\/2026\/05\/5f0945bb756a14375629e35a7f13aea3.webp\" width=\"400\" srcset=\"https:\/\/movingservicesamerica.com\/wp-content\/uploads\/2026\/05\/5f0945bb756a14375629e35a7f13aea3.webp 400w, https:\/\/movingservicesamerica.com\/wp-content\/uploads\/2026\/05\/5f0945bb756a14375629e35a7f13aea3-300x300.webp 300w, https:\/\/movingservicesamerica.com\/wp-content\/uploads\/2026\/05\/5f0945bb756a14375629e35a7f13aea3-150x150.webp 150w\" sizes=\"auto, (max-width: 400px) 100vw, 400px\" \/><\/figure>\n <\/div>\n<div>\n<strong>A Texas County Cuts Over 100 Polling Sites as Trump Attacks Mail-In Voting Nationally<\/strong>\n<\/div>\n<\/div>\n<\/div>\n<p>To reduce the threat to suburban GOP U.S. House members, diverse neighborhoods in Dallas and Collin counties were removed from districts that were becoming more favorable for Democrats and attached to sprawling rural districts dominated by white Republican voters.<\/p>\n<p>\u201cI\u2019ve stated it, and I\u2019ll state it again \u2014 we drew these maps race blind,\u201d said the state Senate\u2019s point person on redistricting at the time, Houston Republican Joan Huffman, who did not respond to a request for comment. \u201cWe have not looked at any racial data as we drew these maps, and to this day I have not looked at any racial data.\u201d<\/p>\n<p>During a four-week federal court trial in El Paso that ended last month, Texas officials denied practicing racial discrimination. The three judges hearing the case have delayed issuing a decision, citing the special session in Austin.<\/p>\n<p>, however, Justice Department lawyers Harmeet Dhillon and Michael Gates warned Texas to change its U.S. House map, which they said was overly biased in favor of creating districts that members of racial minorities could win.<\/p>\n<p>Texas\u2019 2021 map for U.S. House districts has four suspect \u201ccoalition districts,\u201d they wrote, citing three districts near Houston and one in Dallas-Fort Worth where Black and Hispanic voters combine to form a majority. In recent years, all four have been represented by Black or Hispanic Democrats.<\/p>\n<p>Neither Abbott spokesperson Mahaleris, nor Baldassarre, the Justice Department spokesperson, responded to questions.<\/p>\n<p>The Brennan Center\u2019s Li disputed Dhillon and Gates\u2019 characterization of recent rulings by federal judges. Courts haven\u2019t forbidden states from drawing minority-coalition districts but merely stated that the Voting Rights Act doesn\u2019t require states to proactively create them, he said.<\/p>\n<p>\u201cGiven that Texas has consistently said it didn\u2019t consider race at all in 2021, there\u2019s certainly not a case for dismantling any of these districts.\u201d<\/p><p>Read more <a href=\"https:\/\/movingservicesamerica.com\/?p=29\">\u201cNo Separation Between Church and State\u201d: Inside a Texas Church\u2019s Training Academy for Christians Running for Office<\/a><\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>The administration has been testing a strategy of using the courts as leverage to force political outcomes. In Texas, the state\u2019s leaders and conservative activists have been willing, if not eager, collaborators.<\/p>\n","protected":false},"author":1,"featured_media":35,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[6,4],"class_list":["post-37","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-politics","tag-courts","tag-politics"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>The Texas Redistricting Fight Has Been the Testing Ground for the Trump Administration\u2019s Latest Legal Strategy - Moving Services America<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/movingservicesamerica.com\/?p=37\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"The Texas Redistricting Fight Has Been the Testing Ground for the Trump Administration\u2019s Latest Legal Strategy - Moving Services America\" \/>\n<meta property=\"og:description\" content=\"The administration has been testing a strategy of using the courts as leverage to force political outcomes. 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