WASHINGTON – U.S. Senators John Cornyn (R-TX) and Ted Cruz (R-TX) filed an amicus brief in the case of the League of United Latin American Citizens v. Texas in support of the State of Texas, not federal courts, having the authority to draw congressional district maps as granted by the Constitution. A copy of the brief can be found here.

“Drawing lines for congressional districts is one of the most significant acts a State can perform to ensure citizen participation in republican self-governance. Debating and enacting a congressional districting plan in any State, much less a State as big and as diverse as Texas, involves countless individual decisions, many (or even most) of which are political or partisan. It should come as no surprise, then, that the Founders left that often-divisive responsibility to the political branches of government, rather than to either the federal judiciary or state courts,” wrote the Senators.

“Supreme Court redistricting jurisprudence has developed several principles that are consistent with the understanding that the political branches generally provide the proper forum for addressing concerns regarding districting decisions,” they continued.

“These principles, in addition to the high standard that plaintiffs generally must meet in order to enjoin the implementation of a state statute, should govern the Court’s analysis in these consolidated cases,” they concluded.

An amicus brief, or “friend of the court” brief, can be filed in order to address concerns and advise the Court on a matter of law that directly affects the case at hand.

Background:

In this amicus brief, the Senators express support for Texas’ newly drawn congressional district map, which was drafted and passed by the Texas legislature and signed into law by the Governor last month, to preserve the role that the Constitution has granted Congress to oversee and regulate the States’ congressional elections.

The amicus brief builds on Sen. Cornyn’s efforts to ensure the legislative process of redrawing congressional maps plays out unthwarted. Last month, Sen. Cornyn sent a letter to FBI Director Kash Patel encouraging federal cooperation with Governor Abbott and state law enforcement to investigate potential criminal acts, including bribery, and hold accountable legislators who fled the state in a shameful attempt to stall the legislative process in the Texas House of Representatives.

Sen. Cornyn also called on the U.S. Department of Justice to investigate potential violations of federal public corruption and election law by Political Action Committees (PACs) – such as Beto O’Rourke’s Powered By People – special interest groups, and individuals who have provided funding and assistance to members of the Texas House of Representatives who fled.