When the U.S. Supreme Court allowed Texas’ gerrymandered congressional map to take effect in December, its conservative majority wrote that a lower court had “improperly inserted itself into an active primary campaign” when it blocked the map more than three months before the election.

Now, the Supreme Court is the one upending elections.

For the past two decades, the Supreme Court has advanced the idea that federal courts should not order major changes close to an election to limit voter confusion. Over time the doctrine, first articulated in the 2006 case Purcell vs. Gonzalez, became known as the Purcell principle. 

But election law experts and one of the court’s liberal justices say the Supreme Court is wielding — or disregarding — the principle unevenly in ways that aid Republicans.

In recent weeks, the Supreme Court has effectively allowed last-minute election changes in Southern states that hold major consequences for what districts voters are assigned to and the future of Black political representation across the region.

These Republican-controlled states are racing to redraw congressional maps to eliminate majority-Black districts, many of which have elected Black Democrats to Congress. The gerrymandering rush has come even with early voting underway in some states.

Wilfred Codrington III, a professor of law at the Benjamin N. Cardozo School of Law in New York, who has studied the Purcell principle, said limiting voter confusion is common sense. But after that general idea,  the principle “just falls apart” because the Supreme Court has never answered questions raised by the doctrine — like how close to an election is too close.

“The court has not thought through them and it seems like when the court applies them, they’re being applied in partisan ways,” Codrington said, about questions the doctrine raises.

April ruling OK’d redistricting

After the high court gutted the federal Voting Rights Act in Callais, a landmark decision on April 29 that found Louisiana’s map unconstitutional, it fast-tracked paperwork so the state could quickly redraw district lines. 

Voting had begun in the state’s congressional primary election, which Republican Gov. Jeff Landry suspended, discarding 42,000 votes already cast.

A majority of the court voted to immediately certify its decision instead of observing its typical 32-day waiting period. In a blistering dissent, Justice Ketanji Brown Jackson wrote that the justices were disregarding their previous insistence that courts shouldn’t risk assuming political responsibility for a redistricting process that often produces hard feelings.

“There is also the so-called Purcell principle, which we invoked only five months ago to chide a federal district court for ‘improperly insert[ing] itself into an active primary campaign,’” Jackson wrote. “The Court unshackles itself from both constraints today and dives into the fray. And just like that, those principles give way to power.”

The conservative justices on May 11 then cleared a path for Alabama to move toward implementing a Republican gerrymander that state lawmakers approved in 2023 but was blocked by a lower court. Their decision came a little more than a week before the state’s primary election. 

Republican Gov. Kay Ivey has called an August special primary election for some of the state’s congressional districts.

“The United States Supreme Court’s decision is plain common sense and enables our values to be best represented in Congress,” Ivey said in a statement.

‘Like it doesn’t exist’

The Supreme Court’s actions this spring stand in stark contrast to its December decision to allow Texas’ gerrymander to take effect. After President Donald Trump urged GOP states to redraw their maps for partisan advantage, Texas was the first state to respond, enacting new lines that could help Republicans pick up five seats.

A three-judge district court panel ruled against the map, finding that it was racially gerrymandered. The Supreme Court paused the panel’s decision, finding that the panel likely made serious errors and that the district court was “causing much confusion and upsetting the delicate federal-state balance in elections” amid the campaign season.

That language echoed the Purcell decision, which found that an appeals court had erred in blocking an Arizona law requiring a photo ID to register to vote. The Supreme Court’s unsigned opinion cautioned that court orders affecting elections can cause voter confusion. 

“As an election draws closer, that risk will increase,” the 2006 opinion said.

Nearly 20 years later, the Supreme Court made no mention of Purcell in its Callais opinion, which dropped like a political bomb across the South. Since the decision, Alabama, Florida, Louisiana, South Carolina and Tennessee have either enacted new maps or are seeking to do so ahead of the November midterm elections.

Mark Johnson, a Kansas City-based lawyer with a long history of working on election litigation, noted that Callais was argued at the Supreme Court twice, first in March 2025 and again in October. The justices then waited a long time before releasing their decision, he said, adding that if they didn’t realize the implications of their ruling they were “asleep at the wheel.”

“That’s why the Callais case is so disturbing, because a Supreme Court that has by and large followed Purcell just acted like it doesn’t exist,” Johnson said.

Court legitimacy at stake

Several high-profile observers of the Supreme Court have been unsparing in their criticism of the justices’ approach. 

Steve Vladeck, a professor of law at the Georgetown University Law Center and a foremost expert on the court, wrote in an online post that the court’s recent decisions “fatally undermine” the animating purpose of the Purcell principle.

“The Court’s own interventions are now wreaking havoc—and a majority of the justices either don’t think it’s their fault, or don’t care that it is. Either way, they don’t seem to mind the inconsistency—in a context in which it’s having the remarkably coincidental effect of benefiting Republicans,” Vladeck wrote.

Rick Hasen, a professor at UCLA School of Law and director of the Safeguarding Democracy Project, wrote on social media that the Supreme Court in Chief Justice John Roberts’ hands “has become a chaos agent in elections.”

Public support for the Supreme Court was dropping prior to Callais. An August 2025 Pew Research Center survey found 48% of Americans hold a favorable view of the court, a 22-percentage point drop from August 2020.

In the wake of the decision, Democrats have renewed their calls for court reform. Some have proposed term limits for the justices or expanding the size of the court to dilute its conservative majority. However, major changes are unlikely to become law while the U.S. Senate retains the filibuster and Trump remains in office.

For his part, Roberts has taken pains to paint the court as outside of politics. But at a judicial conference in Pennsylvania in early May, Roberts acknowledged the public thinks the justices are expressing policy preferences rather than interpreting the law.

“I think they view us as purely political actors, which I don’t think is an accurate understanding of what we do,” Roberts said, according to The Associated Press.

Justice Brett Kavanaugh, another of the court’s conservatives, has drawn a distinction between federal courts ordering last-minute changes to elections and states making changes themselves — suggesting that courts shouldn’t necessarily thwart state legislatures that alter rules and procedures in the run-up to elections.

In a 2020 concurring opinion about a federal judge who had altered Wisconsin’s absentee ballot deadline amid the COVID-19 pandemic, Kavanaugh wrote that it was one thing for state legislatures to change their own election rules “in the late innings” and bear responsibility for unintended consequences.

“It is quite another thing for a federal district court to swoop in and alter carefully considered and democratically enacted state election rules when an election is imminent,” Kavanaugh wrote.

Chaotic campaign season

But voting rights advocates say Callais is unleashing a wave of voter confusion as Southern legislatures rush to gerrymander.

Tennessee’s Republican-controlled legislature passed a map May 7 that divides the Memphis area among three congressional districts. The move splits a majority-Black district in Memphis represented by U.S. Rep. Steve Cohen, a white Democrat. Cohen announced Friday he wouldn’t seek reelection.

The state’s primary election is scheduled for Aug. 6.

“This is a year where we’re already in the cycle and they’re going to have to redo everything they’ve already worked on because these districts are completely different,” Matia Powell, executive director of the voting rights group Civic TN, told reporters.

The Tennessee Democratic Party and several Democratic candidates, including state Rep. Justin Pearson, who is running for Cohen’s current seat, have filed a federal lawsuit against the map. They argue the new map will cause “significant voter confusion” and severely burden the right to vote.

Tennessee Republican Attorney General Jonathan Skrmetti argues the Democrats have a solution in search of a problem. Tennessee lawmakers have provided more than $3.1 million to implement the new map and that state officials are already working to meet election deadlines, Skrmetti’s office wrote in a Wednesday court filing.

“At bottom, this suit is an invitation to play politics, not law,” Tennessee Senior Assistant Attorney General Zachary Barker wrote in the filing.

U.S. District Court Judge William Campbell, a Trump appointee, on Thursday declined to immediately halt the map.

The Supreme Court has sent states the message that “there are no rules” and that state legislatures are welcome to gerrymander Black representation at any point, said Anna Baldwin, voting rights litigation director at Campaign Legal Center, which has sued over Florida’s recent gerrymander.

And the way the court applies the Purcell principle encourages states to make changes close to elections — because courts are more reluctant to block them.

“The court is creating a perverse incentive structure that ultimately does make it harder for people who are trying to protect voting rights to prevail,” Baldwin said.

In the past two years, a dozen states have either approved new U.S. House maps or are moving toward doing so — a highly unusual mid-decade revamp prompted by President Donald Trump and a U.S. Supreme Court ruling late last month. And the situation isn’t settled yet — even as ballots are being printed and early voting is already underway in some places. Pending litigation could scramble the situation even further.

Redistricting, the process of redrawing the geographic boundaries of U.S. House and state legislative districts, usually takes place every 10 years following the census.

Trump upended that schedule early last year, when he began pressuring state GOP officials to redraw their maps to help Republicans hold onto a slim, five-seat majority in the U.S. House ahead of potentially grim 2026 midterm elections for his party.

The Supreme Court recast the redistricting fight with its ruling in Louisiana v. Callais. That decision all but nullified a provision of the federal Voting Rights Act that required states to draw electoral maps to give racial minority voters the opportunity to elect their chosen candidates.

A total of nine states — Alabama, California, Florida, Missouri, North Carolina, Ohio, Tennessee, Texas and Utah — have redrawn their maps since last year. At least three other states — Georgia, Louisiana and South Carolina — appear likely to follow suit, though Georgia’s new maps would not be in effect for the upcoming midterm elections.

As things currently stand, Republicans are likely to gain up to 17 seats, while Democrats are likely to gain up to six seats.

In the aftermath of the Callais decision, hundreds of protesters have gathered at statehouses in recent weeks, particularly in the South, to decry what they say is a concerted effort to dilute Black voting and governing power. Republicans argue that maps should be “colorblind.” Gerrymandering to benefit one political party over another is legal at the federal level, though some states have their own laws restricting it.

The latest redistricting efforts are changing elections that have already begun. Some candidates must now pivot to races in brand-new districts with just a few weeks until their primaries. They’ve spent money and time reaching people who can no longer vote for them, fighting opponents different from the ones they now face. At least one Tennessee Democratic candidate no longer lives within the new boundaries of the district he’s seeking to represent.

Voters in states such as Alabama will now be asked to turn out for primary elections in both May and August, in addition to the November general election.

Here’s where things stand now.

Nine states already have redrawn their maps

Alabama

Republicans could gain 1 seat.*

A 2023 court order required Alabama to draw a congressional map with a second majority-Black district. But after the Callais decision last month, Alabama’s Republican state officials asked the U.S. Supreme Court to let them reinstate the old map, which has just one majority-Black, majority-Democratic district and which the court had previously ruled racially discriminatory. The high court quickly agreed.

Republican Gov. Kay Ivey has announced new primary elections in August for the affected districts. These will be held in addition to next Tuesday’s statewide primaries for other federal and state offices.

Alabama is also appealing a separate ruling requiring it to redraw two state Senate districts. That case is still ongoing.

California

Democrats likely to gain 3-5 seats.

California Gov. Gavin Newsom last year led the Democratic response to Trump’s call for Republican-led states to redraw their congressional maps.

In November 2025, California voters approved Newsom’s proposal to temporarily override the state’s independent redistricting commission and instead to allow the Democratic-dominated legislature to redraw the maps to create districts more favorable to Democrats. The new map is valid through 2030.

Florida

Republicans likely to gain 1-4 seats.

Last month, the Republican-majority Florida Legislature approved Republican Gov. Ron DeSantis’ new congressional map that could net the GOP up to four new congressional seats.

Both DeSantis and the voting rights organizations suing to block the new map agree it violates parts of the state constitution. But DeSantis argues the constitution’s anti-gerrymandering amendments, which were overwhelmingly adopted by Florida voters in 2010, are invalid, partly due to the Callais ruling.

Missouri

Republicans likely to gain 1 seat.

Earlier this week, the Missouri Supreme Court upheld the state’s gerrymandered 2025 congressional map, handing Republicans a victory. Last summer, Trump pressured Missouri Republicans to help maintain the GOP majority in the U.S. House, so lawmakers met in a special session to draw a map that likely will give them an additional seat by carving off parts of Kansas City into surrounding rural districts.

The new map will be used in Missouri’s August primary, the state Supreme Court ruled this week, because it’s uncertain whether a referendum petition seeking to repeal the map will succeed.

North Carolina

Republicans likely to gain 1 seat.

At Trump’s behest, North Carolina’s Republican-controlled legislature redrew the state’s congressional map last fall. It was an effort to make the state’s only competitive district solidly Republican. The maps passed strictly along party lines. The state’s congressional delegation is now likely to be 11 Republicans and three Democrats. North Carolina Gov. Josh Stein is a Democrat, but redistricting isn’t subject to the governor’s veto.

Ohio

Republicans likely to gain up to 2 seats.

Last fall, Ohio Republican House Speaker Matt Huffman publicly rebuffed Trump’s national push to gain more seats in Congress, while state Democrats proposed their own maps. An Ohio redistricting commission eventually approved a new map last October that is likely to yield 12 Republicans and three Democrats, compared with the current 10-5 split. GOP and Democratic lawmakers called it a “compromise.”

That map will be in place for the next six years. But political operatives told the Ohio Capital Journal they expect to see more redistricting efforts in 2030.

Tennessee

Republicans likely to gain 1 seat.

In a chaotic special session earlier this month, Republican lawmakers in Tennessee redrew congressional maps to shatter the state’s only majority-Black, majority-Democratic district. The newly passed map now favors Republicans in all nine Tennessee districts. Hundreds protested at the Tennessee statehouse as House Republicans voted on the new map and House Democrats gathered at the front of the chamber, locking arms in a show of solidarity.

This week, Tennessee House Speaker Cameron Sexton, a Republican, punished his Democratic colleagues for their protests by stripping them of committee and subcommittee appointments. On Friday morning, longtime Democratic U.S. Rep. Steve Cohen announced he would not seek reelection after his district was carved up in the redrawing of the maps.

Texas

Republicans likely to gain 3-5 seats.

The nation’s redistricting battle kicked off in Texas last summer, after Trump pressured the Texas GOP to redraw the state’s congressional map to add up to five more Republican seats. State House Democrats pushed back, fleeing the state temporarily in August to halt the vote. But the map eventually passed after they returned. Civil rights groups sued, saying the new map was racially discriminatory.

In April, the U.S. Supreme Court permanently upheld the new map, ensuring it remains in place for the 2026 midterms.

Utah

Democrats likely to gain 1 seat.

In 2018, Utah voters approved an anti-gerrymandering ballot measure that created an independent redistricting process, but Utah’s Republican-dominated legislature repealed and replaced it in 2021. Voters rights groups sued, arguing the resulting new map was a partisan gerrymander.

Eventually, after a multi-year legal battle, a new court-ordered map in 2025 gives Democrats a chance to win one of the state’s four congressional districts. The Utah GOP proposed a ballot initiative this year to ask Utah voters to officially repeal the 2018 anti-gerrymandering law, but it failed last month after thousands of petition signers removed their signatures.

Three states are in the process of redrawing their maps

Georgia

Georgia Republican Gov. Brian Kemp has refused to pursue redistricting ahead of this year’s elections, which are already underway. But Kemp announced Wednesday that he will call a special session to redraw the state’s political maps for the 2028 elections. Georgia’s congressional delegation currently has nine Republicans and five Democrats.

Louisiana

Republicans could gain 1 seat.

The day after the U.S. Supreme Court struck down Louisiana’s existing congressional districts as an unconstitutional racial gerrymander, Republican Gov. Jeff Landry suspended the state’s congressional primaries to give lawmakers enough time to pass new maps.

This week, in a nearly 10-hour overnight committee hearing, Louisiana lawmakers advanced a bill that would eliminate one of the state’s two majority-Black districts. The new map, if it passes, likely would give Republicans another seat in Congress.

The new map must win approval from both chambers by June 1. Litigation over the decision to delay primaries is ongoing.

South Carolina

Republicans could gain 1 seat.

South Carolina legislators will gather Friday for a special session to redraw the state’s congressional lines just 12 days before early voting opens. Lawmakers have set a deadline of May 26 to pass a new map. Republican Gov. Henry McMaster, who previously said the matter was for the legislature to decide, called for the special session under pressure from the White House and state GOP.

The South Carolina GOP’s goal is to pass a bill that would delay U.S. House race primaries until August while keeping other primaries on schedule for June. One proposed map would cut South Carolina’s lone congressional Democrat, U.S. Rep. Jim Clyburn, out of the seat he’s represented since 1992 and create all seven Republican seats.

At least a half dozen other states are interested in redrawing their maps

Mississippi

This week, Mississippi Republican Gov. Tate Reeves canceled a special legislative session he’d called to redraw districts for the state’s Supreme Court. Some GOP officials had hoped he’d add congressional redistricting to the agenda. Instead, he said this week, he’s working with Trump and the White House on a plan to redraw Mississippi’s congressional districts and legislative districts in the future. Reeves wants a map that would boot the lone Democrat in Mississippi’s U.S. House delegation, Rep. Bennie Thompson, from his seat.

If that happens, Republicans would likely gain one congressional seat.

Virginia

The Virginia Supreme Court earlier this month struck down a voter-approved redistricting amendment that could have given Democrats a 10-1 advantage in the state’s U.S. House delegation. Virginia voters last month had approved a referendum that would have netted Democrats three or four additional seats. Earlier this week, Virginia Democrats asked the U.S. Supreme Court to revive the amendment, in a case that’s ongoing.

Arizona, New Jersey, New York, Washington 

Officials in Arizona, New Jersey, New York and Washington all have suggested drawing new maps following the Callais decision, according to the National Conference of State Legislatures.

The Colorado Voting Rights Act, passed last year by the state’s Democratic-majority legislature, will likely prevent the state from embarking on a redistricting effort. The state’s congressional delegation is currently split 4-4 between Democrats and Republicans. But a Democratic-led group is gathering signatures for ballot measures that would allow the state to change its maps ahead of the 2028 election.

*Seat gain predictions from The Cook Political Report.

This story was updated to include the Friday morning announcement by Tennessee Democratic U.S. Rep. Steve Cohen that he will not seek reelection. Stateline reporter Anna Claire Vollers can be reached at avollers@stateline.org.