Redistricting Update: Court Decisions Upend More Congressional Maps
May 12, 2026
Early polling on the 2026 generic congressional ballot shows Democrats with a consistent national edge of four to six points, and in a favorable position to retake the House. However, with two recent court victories, Republicans have improved their chances of holding onto the House.
- These two actions taken together give the GOP a double digit advantage from redistricting, and have left Democrats reeling.
- Democrats are still favored to win control given the historic and current political tailwinds, but they will not be able to count on as many safe seats.
On May 8, the Virginia state supreme court invalidated the referendum that voters had approved just a few weeks prior.
- This reversed the new 10-1 map that would have netted Democrats four more seats. Instead, the current 6-5 map is likely to be in effect this fall, though two of those GOP seats are in play.
As we covered last week, the Supreme Court struck down Section 2 of the Voting Rights Act in a 6-3 decision.
- The Court held that Section 2 of the Voting Rights Act (VRA) of 1965 only applies to “intentional” racial discrimination in the drawing of congressional maps.
- This ruling invalidated the provision that required minority voters not be divided into multiple districts in a manner that dilutes their voting power.
- Consequently, many southern states with large minority populations immediately began efforts to redraw their maps in ways that were not previously legal prior to the ruling.
- The maps in southern states are likely to face legal challenges and there is still a chance that redrawn maps in multiple states could be invalidated prior to election day.
The big picture: Over the past year, Republican states across the country began a flurry of redistricting at the direction of President Trump to try and shore up GOP seats ahead of the 2026 midterms. Democrats responded with their own efforts in California and Virginia.
By the numbers: Thirteen states that have enacted new maps or are currently working on passing new maps are listed on the chart below.
Source: Cook Political Report *The maps have not been formally approved, but are currently under consideration within the state legislatures. **In Virginia, the state put a new map before voters and it was approved via special election but struck down by the Virginia Supreme Court on May 8.*** Legislation has been signed into law but is currently being litigated at the Missouri Supreme Court in multiple lawsuits.
- Notably, in Missouri, the bill to redraw the maps has been signed into law, but is being litigated at the Missouri Supreme Court in multiple cases. These cases both challenge the legitimacy of the map and the referendum language that was put in front of voters last year.
- The projected delegations are the most optimistic totals based on historical voting data that each party has claimed their new map will help flip.
- If these maps hold, the net gain of all redistricting efforts will be a thirteen seat gain for the GOP, assuming similar voting patterns.
- Yes, but: State lawmakers have had to break up very safe seats in some cases, which could make other districts more vulnerable in cycles that heavily favor one party.
The bottom line: Early polling on the 2026 generic congressional ballot shows Democrats with a national edge.
- As President Trump’s approval ratings are stuck in the 30’s, the environment for Democrats to retake the House looks promising.
- Republicans have narrowed the margin of victory possible for Dems through redistricting, but Democrats remain the favorites to retake control this fall.
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