Skip to content
Welcome, thoughtbot's Giant Robots listeners!Start here
US Midterms 2026
7SEP

Tennessee map survives its first test

3 min read
13:32UTC

A three-judge panel let Tennessee's redrawn congressional map stand on 23 July, accepting that splitting Memphis three ways was about party advantage rather than race.

PoliticsDeveloping
Key takeaway

Admitting a partisan motive now defeats a claim that Section 2 would once have carried.

A three-judge federal panel refused on 23 July to block Tennessee's redrawn congressional map, finding that the redraw "was driven by politics, not race"⁠1. Panels of this kind hear constitutional redistricting challenges and their refusals at the preliminary stage are slow to unpick. The lines will govern the 6 August primary and the November general election.

The plaintiffs are three Memphis voters, the Black Clergy Collaborative of Memphis, the Memphis A. Philip Randolph Institute and The Equity Alliance. Their complaint is that the map carved the state's only Black-majority district across three seats. Lucas Cameron-Vaughn, legal director of the American Civil Liberties Union (ACLU) of Tennessee, said lawmakers "deliberately divided Black neighborhoods across multiple districts, minimizing their voting strength"⁠2. The vote-dilution case continues to trial, so any remedy arrives after the seats have been filled.

Two prior rulings built the defence that worked here. The Supreme Court narrowed Voting Rights Act (VRA) Section 2 protection in Louisiana v. Callais, striking Louisiana’s second majority-Black district as unconstitutional on 29 April, and Governor Bill Lee signed the new Tennessee lines on 7 May, a week and a day later. Rucho v. Common Cause, decided in 2019, had already put partisan gerrymandering beyond the reach of federal courts while leaving racial gerrymandering actionable.

Read together, the two doctrines reward candour about party motive. A legislature that says on the record it was chasing Republican seats stands in better shape than one that says nothing at all, because the admission answers the only claim left. Plaintiffs must now prove racial intent rather than racial effect, and legislatures redrawing elsewhere after Callais have their first district-court data point saying the shield holds.

Deep Analysis

In plain English

Tennessee redrew its congressional map so that Memphis, a majority-Black city, no longer has a district where Black voters can elect their own preferred representative. Federal courts will strike down a map if it was drawn mainly to hurt voters because of their race, but the Supreme Court has ruled that courts cannot second-guess a map drawn mainly to hurt voters because of their political party, even when the two overlap heavily. Tennessee's lawmakers said this was about party, so the map stands for the August primary while the underlying racial-discrimination case continues at trial.

Deep Analysis
Root Causes

Tennessee's map survives because two separate doctrines closed off both routes a challenger could otherwise take. Rucho forecloses the partisan-gerrymandering claim outright, regardless of evidence.

Callais narrowed the Section 2 results test that had let plaintiffs prove vote dilution from a map's effect on Black voters without proving the legislature's intent . With the effects test gone, a challenger must prove the legislature's predominant purpose was race, not party, which is far harder when the legislature's own floor debate can be read either way.

What could happen next?
  • Precedent

    Other legislatures that redrew maps after Callais now have a district-court data point suggesting the political-gerrymandering defence holds at the preliminary stage.

  • Consequence

    The 6 August primary and the November general election both run on the new map regardless of the ongoing trial, so any eventual remedy would arrive after the seats are already filled.

First Reported In

Update #14 · 0-for-17 in court, and the map that held

WSMV Nashville· 26 Jul 2026
Read original →
Different Perspectives
Judge Adolf Zeman, Alaska Superior Court
Judge Adolf Zeman, Alaska Superior Court
Zeman refused to dismiss the League of Women Voters, Alaska Black Caucus and ACLU of Alaska suit over the state giving DOJ its unredacted voter list. The privacy claims now go to evidence-gathering under the Alaska Constitution.
Judge Thomas Schroeder, US District Court for the Middle District of North Carolina
Judge Thomas Schroeder, US District Court for the Middle District of North Carolina
Schroeder refused on 19 October to block the State Board of Elections rule that rejects mail ballots with an unsealed or missing inner envelope. He found the challengers had delayed and that relief was infeasible with voting under way, and pointed to notice-and-cure provisions as a safeguard.
Stephen Richer, Republican former Maricopa County recorder
Stephen Richer, Republican former Maricopa County recorder
Richer submitted a brief on 20 October supporting the voting groups on documentary proof of citizenship at registration. He takes no position on the separate 90-day voter-removal question.
Senate Leadership Fund
Senate Leadership Fund
The Senate Leadership Fund began spending for interim Senator Darline Graham Nordone on 19 October, taking its South Carolina total to $4.06m, including $2.25m against Democrat Annie Andrews. Republicans are now paying to defend a seat in a state Donald Trump carried in 2024.
WinSenate, the ad-buying affiliate of Senate Majority PAC
WinSenate, the ad-buying affiliate of Senate Majority PAC
WinSenate began buying Kansas airtime against Roger Marshall on 10 October and had reported $8.14m there by 20 October. Marshall held $922,088 in cash on 30 September and the NRSC gave him no party money in September, so the Democratic side is spending where the Republican committee has not.
County Board of Arlington County
County Board of Arlington County
Arlington says federal Polling Place Policies allowing armed agents at polling sites breach 18 USC 592, the 1865 ban on troops or armed men at an election. It reads Markwayne Mullin's 1 September remarks as confirming such a policy, and asks Judge Brinkema to keep armed federal staff from its polls and drop boxes.

Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Editorial standards.