Judge Jerry Smith issued a rare, sharp dissent after a three-judge panel blocked Texas’s new congressional map, saying he was excluded from the decision. The 2-1 ruling, by Judges Jeffrey Brown and David Guaderrama, found the map likely unlawful and concluded Governor Greg Abbott had directed redistricting based on race after a Trump-era Justice Department letter. Smith criticized the majority’s reasoning and said his dissent would be published later. Abbott plans to appeal to the U.S. Supreme Court.
Rare Dissent: Judge Jerry Smith Rebukes Colleagues After Texas Congressional Map Is Blocked
Judge Jerry Smith issued a rare, sharp dissent after a three-judge panel blocked Texas’s new congressional map, saying he was excluded from the decision. The 2-1 ruling, by Judges Jeffrey Brown and David Guaderrama, found the map likely unlawful and concluded Governor Greg Abbott had directed redistricting based on race after a Trump-era Justice Department letter. Smith criticized the majority’s reasoning and said his dissent would be published later. Abbott plans to appeal to the U.S. Supreme Court.
10:03 AM, 11/20/2025Politics
By Jan Wolfe
A rare and blunt dissent from U.S. Circuit Judge Jerry Smith followed a 2-1 decision on Tuesday that blocked Texas’s newly drawn congressional map, with Smith saying he was effectively excluded from the panel’s decision-making process.
Smith, a Ronald Reagan appointee, was one of three federal judges who presided over a recent non-jury trial examining allegations from civil rights groups that the map unlawfully sorted voters by race. The majority opinion, authored by Judges Jeffrey V. Brown and David Guaderrama, found the map likely unlawful and enjoined it from taking effect.
What the judges said
The majority concluded the evidence supported a finding that Texas Governor Greg Abbott "explicitly directed the Legislature to redistrict based on race" after receiving a letter from the U.S. Justice Department during the Trump administration that warned of potential litigation if a new map was not adopted. Brown was appointed by President Trump; Guaderrama was appointed by President Barack Obama.
"Judges in the majority don’t get to tell a dissenting judge or judges that they can’t participate," Smith wrote, criticizing the process. He added of the majority opinion: "If this were a law school exam, the opinion would deserve an 'F.'"
Implications and next steps
The 2-1 ruling imperils a Republican-led effort to redraw congressional districts in a way that could increase the number of Republican seats and protect the party’s narrow House majority. Governor Abbott has said he will appeal the decision to the U.S. Supreme Court.
The dispute highlights both legal and procedural tensions: substantive disagreement over whether the map constitutes impermissible racial gerrymandering, and a rare procedural clash among judges on the same panel about participation and publication of dissents.
The case will likely continue to attract attention as it moves through the appeals process, with potential ramifications for redistricting battles beyond Texas.