The briefing has now concluded in Abbott v. LULAC. Texas's reply brief contends that a stay would not harm the plaintiffs. Here, the District Court ordered that Texas must use the 2021 map--the same map that the plaintiffs previously argued was unconstitutional.
Finally, Plaintiffs fail to demonstrate that a stay would harm them. Plaintiffs contend that allowing the election to be held under the 2025 map would cause them the irreparable harm of being "forced to vote under a racially discriminatory map that violates their constitutional rights." NAACP Resp. 26; MALC Resp. 38–39; Gonzales Resp. 39–40; LULAC Resp. 27; Brooks Resp. 41. But according to Plaintiffs, the preliminary injunction would not prevent this harm because they allege that the 2021 map is also an unconstitutional racial gerrymander: "[T]he Texas Legislature engaged in intentional racial discrimination and racial gerrymandering in the drawing of [CD9, CD18, and CD30 in the 2021 map.]" ECF 983 at 1 (Plaintiff-Intervenors); see also ECF 981 at 4 (NAACP Plaintiffs); ECF 985 at 7 (LULAC Plaintiffs); ECF 975 at 4 (MALC Plaintiffs).
Plaintiffs' newfound embrace of the 2021 map, which they challenged for years of litigation, is explained by their preference for the politics of the 2021 map compared to the politics of the 2025 map. They seek "to transform federal courts into weapons of political warfare that will deliver victories that eluded them in the political arena." Alexander, 602 U.S. at 11 (quotation marks omitted).
Let me unpack this argument.
