The fallout from Abbott v. LULAC has been predictable. Critics allege that the Court has now pushed the Purcell principle out even further to the year before the election. Richard Pildes, for example, wrote:
The latest Texas decision now pushes Purcell out even further, to decisions that come down before an election year. This is no longer the "eve of an election" in any meaningful sense.
The Supreme Court stretches the purported disruptive effect of the lower-court decision by saying it came down during "an active primary campaign," but all that means as a practical matter is that the window had opened for candidates to file their intent to run in the March primaries.
Here in Texas, the midterm election will be held in November 2026. But for practical purposes, the key date is March 3, 2026, the party primary date. Indeed, because just about all of the districts are gerrymandered, there are very few competitive seats. The outcome of almost every race will be settled by March. And even earlier, the key deadline happened yesterday: December 8. That was the deadline for candidates to submit to their party's primary. This morning, local talk radio was abuzz with discussions about who did, and did not submit the petitions. Some incumbents decided not to run for re-election. Other new districts have open primaries with people who have never represented that district. There is now a four month crush for candidates to lock up the nomination.
