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Texas redistricting lawsuit set to be heard in El Paso; Here’s what to know

Aaron Martinez, El Paso Times
Last updated: October 1, 2025 1:33 pm
Aaron Martinez, El Paso Times
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A three-judge panel in El Paso will listen to arguments in a four-year battle between several voting rights organizations and Texas leaders over the state’s redistricting efforts to change congressional maps to favor Republicans.

Senior U.S. District Judge David C. Guaderrama of the Western District of Texas, 5th Circuit Court of Appeals Judge Jerry E. Smith and U.S. District Judge Jeffrey Brown of the Southern District of Texas will hear arguments and testimony in the lawsuit between Wednesday, Oct. 1 to Friday, Oct. 10, at the Albert Armendariz Sr. U.S. Courthouse in Downtown El Paso. The hearing will continue on Saturday, Oct. 4, but will pause on Sunday before reconvening.

Texas Governor Greg Abbott discusses the threat created by screwworms for the Texan beef industry during a news conference on Aug.15, 2025

The outcome of the lawsuit could shape what congressional maps are used in the upcoming 2026 midterm elections.

It is unknown how the federal government shutdown that began at midnight will impact the hearing. Government shutdowns do not usually stop the federal justice system but could alter the number of cases heard by judges, leading to cases being postponed and pushed back to another date.

More: Redistricting in Texas is complex, here is what to know about congressional maps

Is Texas’ redistricting efforts legal?

The lawsuit is challenging 2021 and 2025 redistricting efforts. No matter the outcome of the hearing in El Paso, the lawsuit will likely head to the U.S. Supreme Court.

The lawsuit was originally filed in 2021 by various civil rights, voter rights, immigration, and Hispanic advocacy groups. The lawsuit calls the redistricting unconstitutional because of racial profiling by targeting minorities to take away their equal rights protection. Minorities historically voted Democrat.

The 2021 redistricting would have created 23 new white-majority districts out of 38 total congressional districts in Texas, with seven districts remaining with a Latino majority of voters.

A screen displays information as HB 4, a bill that would redraw the state's 38 Congressional Districts, passes after the prevention of a filibuster by Democrat Texas State Senator Carol Alvarado, at the Texas State Capitol in Austin, Texas, U.S. Aug. 23, 2025.

A screen displays information as HB 4, a bill that would redraw the state’s 38 Congressional Districts, passes after the prevention of a filibuster by Democrat Texas State Senator Carol Alvarado, at the Texas State Capitol in Austin, Texas, U.S. Aug. 23, 2025.

The lawsuit states, the redistricting is being done “illegally and unconstitutionally (to) dilute the voting strength of Latino voters in Texas and are unlawful, null and void.”

Republican state lawmakers countered that the redistricting was done based off of census data and not racial profiling. The hearing comes after the U.S. Supreme Court made a ruling in September on racial profiling, stating that immigration raids in southern California can target people for deportation based on their race or language.

As the lawsuit was pending, President Donald Trump requested Texas leaders to find five additional Republican seats in 2025. The Republican-led Texas Legislature passed a new redistricting bill in 2025 during a special session. This bill impacted Democrat represented communities, including the district represented by U.S. Rep. Veronica Escobar, D-El Paso.

More: Gov. Greg Abbott signs controversial redistricting bill into law, redrawing Texas maps

The bill initially proposed separating Fort Bliss from Escobar’s district. Yet the final bill maintained the post in her area and expanded her district into Socorro, while removing Horizon City.

Whose who in Texas redistricting lawsuit?

The lawsuit will be held by a three-judge panel because federal law states all lawsuits “challenging the constitutionality” of congressional districts must be heard by a three-judge panel, according to congress.gov.

Judges

Guaderrama, of Las Cruces, New Mexico, was nominated as a U.S. district judge for the Western District of Texas in 2011 by President Barack Obama. He was confirmed by the U.S. Senate and took over the position in 2012.

Federal Judge David Guaderrama arrives at the Enrique Moreno Courthouse in El Paso, Texas on Jan. 6, 2025, to swear in the incoming District Attorney for El Paso, James Montoya.

Federal Judge David Guaderrama arrives at the Enrique Moreno Courthouse in El Paso, Texas on Jan. 6, 2025, to swear in the incoming District Attorney for El Paso, James Montoya.

Smith, of Del Rio, Texas, was nominated as a judge for the U.S. Court of Appeals for the Fifth Circuit by President Ronald Reagan in 1987. The U.S. Senate confirmed him and he took the seat the same year.

Brown, of Dallas, Texas, was nominated as a U.S. district judge for the Southern District of Texas in 2019 by Trump. The U.S. Senate confirmed him and he took over the seat the same year.

More: Texas congressional district map 2025 approved, adds 5 GOP-leaning House seats

Plantiffs

Numerous organizations filed the lawsuit, including the League of United Latin American Citizens, Southwest Voter Registration Education Project, Mi Familia Vota, American GI Forum of Texas, La Union Del Pueblo Entero, Mexican American Bar Association of Texas, Texas Hispanics Organized for Political Education, William C. Velasquez Institute, Fiel Houston, Inc. and the Texas Association of Latino Administrators and Superintendents.

Defendants

Several Texas leaders are named in the lawsuit, including Gov. Greg Abbott, Texas Lt. Gov. Dan Patrick, Texas Secretary of State Jane Nelson, Texas Deputy Secretary of the State Jose A. Esparza, and former Texas House of Representatives House Speaker Dade Phelan.

Texas leaders expected to testify

A list of possible witnesses expected to testify are included in court records.

The plaintiffs’ witnesses include State Rep. Joe Moody, D-E Paso, State Rep. Ramon Romero, D-Fort Worth, State Rep. Gene Wu, D-Houston, and Texas Sen. Jose Menendez, D-San Antonio. The plaintiffs are also expected to call several experts on census data, redistricting, and map analysis.

More: Texas Democrats rally in El Paso, looking to mobilize ahead of 2026 midterms

The defendants’ witnesses include Texas Sen. Phil King, R-Brown, Texas Rep. Cody Vasut, R-Brazoria County, political analyst Dr. Sean Trende, policy expert Dr. Jeffrey Lewis, and National Republican Redistricting Trust executive director Adam Kincaid.

Aaron Martinez covers the criminal justice system for the El Paso Times. He may be reached at amartinez1@elpasotimes.com or on X/Twitter @AMartinezEPT.

This article originally appeared on El Paso Times: Arguments, testimony to begin in Texas redistricting lawsuit in El Paso

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