Florida Supreme Court permits Republican congressional map for 2026 despite state anti-gerrymander amendment

The Florida Supreme Court issued an order that lets the congressional map prepared by Governor Ron DeSantis’ office be used in the 2026 elections, despite a 2010 voter-approved amendment that bars partisan gerrymandering. The majority did not assess the map’s compliance with the amendment, effectively clearing the way for its implementation.

Justice Jorge Labarga, the court’s only dissenting member, argued that the court should have intervened as it had in previous elections. >“For a second time in fewer than three years, in a substantively similar context, the district court has elected a path of delayed appellate review. Only this time, the votes of even more Floridians are at stake.”

Justice Adam S. Tanenbaum wrote a separate concurrence, noting that the court had previously allowed congressional elections to proceed under redistricting plans later found unconstitutional. >“There is no need for special treatment in this case.”

The map, passed by the state legislature at the governor’s urging, could increase the Republican delegation by up to four seats. Plaintiffs, a coalition of voters and voting-rights groups represented by the Elias Law Group, sued on May 4, claiming the plan violates the Fair Districts Amendment (FDA). Circuit Judge Joshua Hawkes, a DeSantis appointee, denied a temporary injunction, emphasizing compliance with the U.S. Supreme Court’s recent decision in Louisiana v. Callis, which limited minority-voter protections.

Hawkes wrote that if the court must balance the FDA’s anti-partisan intent against the Constitution’s Equal Protection guarantee, “the potential partisan intent is the lesser of the two evils.” The plaintiffs appealed, and the Florida Supreme Court granted an expedited briefing request.

Governor DeSantis, who has appointed all but one justice since 2019, praised the ruling on social media, stating the court had rejected the challenge to the redistricting plan. Attorney General James Uthmeier also described the decision as a “complete and total victory.”