Six Republican congressional candidates are filing an amicus brief with the U.S. Supreme Court arguing in favor of Texas’ emergency application for a stay of a three-judge district court order that would force the 2026 primary elections to be conducted under the 2021 map.
Amicus briefs are designed to inform the Court in making its decision. They are filed by outside groups not directly involved in the case.
The brief highlights the candidate, election administrator, and voter confusion caused by the district court order—which was issued during the candidate filing period for the 2026 primaries.
Legal precedent resulting from the 2006 Purcell decision holds that “courts should not change election rules during the period of time just prior to an election because doing so could confuse voters and create problems for officials administering the election.”
Former Federal Election Commission Chairman Lee Goodman of the Dhillon Law Group, Inc. authored the brief. U.S. Assistant Attorney General for the Civil Rights Division Harmeet Dhillon was responsible for sending the July letter from the U.S. Department of Justice asking the State of Texas to redistrict.
All six non-incumbent candidates joining the brief appear on the March 2026 Republican primary ballot under the new map.
The list includes James E. “Trey” Trainor (CD–21), Eric Flores (CD–34), Chris Gober (CD–10), John Lujan (CD–35), Alexandra del Moral Mealer (CD–9), and Jessica Steinman (CD–8).
Trainor is a former Federal Election Commission chairman.
According to a release from Trainor, there would be “severe and irreparable harm” arising from using the district court’s interim map. Among those problems would be a disruption of “precincts, voter registration rolls, campaign finance compliance, ballot access deadlines, and voter outreach efforts already well underway.”
Trainor is arguing that the will of the legislature is being disregarded by activist judges.
“The new map reflects the priorities of the Legislature and protects five additional Republican seats that will help secure a continued House majority,” said Trainor. “Allowing activist judges to redraw districts on the eve of an election cycle threatens the integrity of our elections and the rights of every voter and candidate. I’m proud to stand with these fellow candidates in defense of Texas’ lawful redistricting process.”
Where Things Stand
On November 18, the three-judge panel in El Paso issued a preliminary injunction blocking the 2025 congressional map in a 2-1 decision. Judge Jeffrey Brown, who wrote the majority opinion, reportedly did not give Judge Jerry Smith time to write his dissent, and did not consider the dissent when issuing the opinion.
Judge Smith would ultimately issue his dissent, slamming Judge Brown for judicial misconduct and judicial activism.
Attorney General Ken Paxton immediately appealed to the U.S. Supreme Court, asking for an emergency stay to halt the panel’s order, which was swiftly granted by Justice Samuel Alito on Friday.
The stay allows Texas to continue operating under the new map until the Supreme Court has time to properly consider the case—preventing immediate disruption to the 2026 election cycle.
Justice Alito also directed parties opposing the legislature’s map to file responses by 5:00 p.m. Eastern Time today. The candidates’ amicus brief is being filed before this deadline “in order to bolster Texas’ request for full relief.”
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