On Thursday, November 20, 2025, ABC News reported that a Texas redistricting case had taken a contentious turn, marked by a significant dissenting opinion from Judge Jerry E. Smith. The case revolves around the Republican-led effort to redraw Texas’ congressional map mid-decade, which a federal court deemed an act of racial gerrymandering.

The central ruling, a 160-page decision, invalidated the redistricting plan, concluding that it illegally used race as a primary factor in determining district lines. This decision, authored by Trump-appointed Judge Jeffrey V. Brown and supported by Obama appointee Judge David Guaderrama, effectively blocked Texas from using the new map in the upcoming 2026 midterm elections. The court found substantial evidence indicating that the redrawing of the map was racially motivated.

However, the ruling was met with a strong and unusual dissent from Judge Jerry E. Smith, a Reagan appointee with over 37 years on the federal bench. Smith expressed his disagreement vehemently, using the phrase “I dissent” 15 times throughout his 100-page response. He accused Judge Brown of “pernicious judicial misbehavior,” stating that Brown did not allow him adequate time to finalize his dissent before releasing the majority opinion.

Smith’s dissent was notable for its sharp personal criticism and legal arguments. He suggested that Judge Brown was influenced by liberal figures such as George Soros and Gavin Newsom, and went so far as to say that Brown’s opinion would receive an “F” if it were a law school exam.

Smith defended the redrawn map as a partisan exercise, arguing that the primary motivation was political gain rather than racial discrimination. He emphasized that the Supreme Court has cautioned against interfering with the political process of map-drawing. In an unconventional move, Smith included a bullet-point list in his dissent, highlighting what he described as “misleading, deceptive, or false statements” made by Judge Brown in the majority opinion.

The case stems from a redistricting effort allegedly initiated at the request of the Trump Justice Department, focusing on the racial makeup of four Democrat-held districts. Such considerations are prohibited by federal law and Supreme Court precedent, which forbid using race as the predominant factor in drawing maps that disenfranchise minority voters or dilute their influence.

Texas Gov. Greg Abbott has announced plans to appeal the decision, and the state is expected to draw heavily on Smith’s dissent in its appeal to the Supreme Court.

 

 

Source: ABC News