Florida judge upholds new GOP congressional map, rejects gerrymandering challenge

 May 27, 2026

A Tallahassee judge has rejected a legal challenge to Florida's newly drawn congressional districts, ruling that the map signed by Gov. Ron DeSantis will remain in place ahead of the 2026 midterm elections. The decision hands Republicans a significant win in the intensifying national redistricting fight, and sets up a near-certain appeal that could reach the Florida Supreme Court.

Leon Circuit Court Judge Joshua Hawkes issued the ruling Tuesday, denying requests by voting rights groups to block the map. Common Cause, the Equal Ground Education Fund, and a group of voters had argued the districts were drawn with partisan intent in violation of Florida's Fair Districts Amendment, the constitutional provision voters approved in 2010 to ban gerrymandering.

Judge Hawkes was unpersuaded. He found that the challengers failed to prove partisan intent and noted that with qualifying for U.S. House seats set to begin June 8 at noon and close June 12 at noon, the election calendar left no room for judicial map-drawing. As News4Jax reported, the judge weighed Florida's anti-gerrymandering amendment against the U.S. Constitution's Equal Protection guarantees, and concluded the map should stand.

The judge's reasoning: 'Lesser of the two evils'

At the heart of the ruling is a constitutional tension that has shaped redistricting battles across the country. The challengers invoked Florida's Fair Districts Amendment, which prohibits drawing districts with the intent to favor or disfavor a political party or an incumbent. But lawyers defending the map pointed to a recent U.S. Supreme Court decision in a Louisiana case that undercut provisions of the Voting Rights Act allowing states to draw districts based on race to address historic discrimination against Black voters.

That Supreme Court ruling, part of a broader judicial shift reshaping the 2026 House map, meant that the previous Congressional District 20, a South Florida seat drawn to favor Black voters, was arguably unconstitutional. Judge Hawkes confronted that collision head-on.

In his written ruling, Hawkes stated:

"To the extent the Court has to balance Florida's FDA prohibition of improper partisan intent and the United States Constitution's Equal Protection guarantees, it seems clear that the potential partisan intent in the 2026 map is the lesser of the two evils."

He also noted the voting groups had not shown that the previous 2022 map would be constitutional if the new one were struck down, a gap in their case that left the court with no workable alternative.

The judge cited the looming election timeline in blunt terms. Newsmax reported that Hawkes wrote the "election machinery of the state is already underway" and that "the public interest weighs more in favor of certainty than a haphazard judicial mandate of discarded maps."

What the new map means for 2026

The stakes are not abstract. The new congressional map, drawn by Jason Poreda, an aide to Gov. DeSantis, and passed by the GOP-led Legislature, could shift as many as four seats from Democratic-leaning territory into Republican hands based on 2024 election results. DeSantis' office sent the map to Fox News before submitting it to the Legislature, showing that projected four-seat gain.

Republicans currently hold a narrow majority in the U.S. House. Losing even a handful of seats in the midterms could flip control to Democrats. Florida's map is one of several state-level redistricting efforts that could determine whether the GOP holds the chamber, or watches it slip away.

Florida is not alone. Texas was the first state to take up the call for new maps after President Trump urged GOP-led states to redraw districts to protect the Republican majority. Tennessee approved new congressional maps of its own, and a federal judge there denied a similar challenge the same day Hawkes issued his ruling in Tallahassee.

Democrats have responded in kind. California passed new maps designed to favor their party, a reminder that both sides play the redistricting game when they hold the levers.

Challengers vow to fight on

The ruling does not end the legal battle. Three lawsuits were consolidated in the challenge, and the organizations behind them made clear they intend to appeal. Amy Keith, executive director of Common Cause Florida, issued a statement shortly after the decision:

"We will continue our fight to protect the will of Floridians who overwhelmingly voted to ban partisan gerrymandering in this state. Because Floridians of all political backgrounds are so clearly against partisan gerrymandering, we will exhaust all legal options to make sure a map this partisan does not last the rest of this decade."

Brad Heard of the Southern Poverty Law Center, which is also involved in the challenge, was more pointed. The Washington Examiner reported Heard called the map "just about as clear-cut an example of prohibited partisan gerrymandering as one could think of."

Strong words, but the challengers face a problem. Judge Hawkes' ruling does not prevent courts from revisiting the issue after the broader legal challenge is fully considered. Yet the practical effect is that the 2026 elections will proceed under the new map. Any subsequent ruling overturning the districts would apply to future cycles, not this one.

The voting groups alleged that Poreda used partisan data when drawing the map. But they did not produce enough evidence to clear the legal threshold for an injunction, at least not in Hawkes' courtroom. Whether a higher court sees it differently remains the central open question.

The broader redistricting landscape

Florida's case fits into a national pattern. The Supreme Court's rejection of race-based congressional mapping in Louisiana has rippled through redistricting fights in multiple states, forcing courts and legislatures to reconsider maps that were drawn under older Voting Rights Act frameworks.

For years, progressive legal organizations treated the Voting Rights Act as an all-purpose tool to mandate district configurations that favored their preferred outcomes. The Supreme Court has now narrowed that tool. States like Florida are adjusting accordingly, and the left's legal infrastructure is struggling to keep up.

Judge Hawkes, it should be noted, was appointed by DeSantis. The challengers will likely raise that point on appeal. But the legal reasoning in his ruling, balancing competing constitutional mandates and weighing the public interest in election certainty, tracks with mainstream judicial thinking on redistricting injunctions. Courts across the country have long been reluctant to redraw maps on the eve of elections, regardless of which party drew them.

The signing of Florida's redrawn congressional map by DeSantis was itself a flashpoint, putting four previously Democratic-leaning seats squarely in Republican territory. That the map survived its first court test only sharpens the fight ahead.

Just The News noted that the Florida ruling came the same day a federal judge in Tennessee denied a parallel challenge to that state's GOP-drawn map, a one-two punch that underscored how difficult it has become for progressive groups to block redistricting plans through the courts.

What comes next

Qualifying for Florida's U.S. House seats opens June 8 at noon and closes June 12 at noon. Candidates will file under the new map. The primary is less than three months away. The general election follows six months out.

The appeal will proceed on its own timeline. But unless a higher court issues an emergency stay, an increasingly rare move in redistricting cases, the 2026 midterms in Florida will be fought on the map DeSantis signed and Hawkes upheld.

Florida voters passed the Fair Districts Amendment in 2010 because they wanted maps drawn fairly. The question now is whether "fairly" means ignoring the Supreme Court's evolving Equal Protection jurisprudence, or adapting to it. Judge Hawkes chose adaptation. The challengers call it a betrayal.

Voters will have the final say in November. They always do, provided someone lets them get to the ballot box with a map that's actually in place.


About Owen Bates

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