A panel of federal judges on Wednesday allowed North Carolina to use a redrawn congressional map aimed at flipping a seat to Republicans, as part of a multi-state redistricting campaign ahead of the 2026 midterms.
The map targets the state’s only swing seat, currently held by Democratic Rep. Don Davis. The 1st District has been represented by Black members of Congress continuously for more than 30 years. The state legislature’s redrawing effort would shift the district from 48% to 44% Democratic, according to a CBS News analysis.
The three-judge panel unanimously denied preliminary injunction requests after a hearing in Winston-Salem in mid-November. The day after the hearing, the same judges separately upheld several other redrawn U.S. House districts that GOP state lawmakers initially enacted in 2023. They were first used in the 2024 elections, contributing to a Republican gain of three more congressional seats.
North Carolina is one of several states this year in which President Trump has directed the GOP to redraw maps in the middle of the decade — without courts requiring it — to avoid losing control of Congress in next year’s midterms. Besides North Carolina, Republican-led legislatures or commissions in Texas and Missouri have adopted new, more GOP-friendly maps. A lower court froze Texas’ new map last week, but the Supreme Court temporarily paused that ruling days later.
In California, voters countered by adopting new districts drawn to improve Democrats’ chances of winning more seats. And the Democratic-led Virginia General Assembly also has taken a step toward redistricting with a proposed constitutional amendment.
Democrats need to gain just three seats to win control of the House and impede Mr. Trump’s agenda.
North Carolina’s Republican-controlled General Assembly gave final approval to the state’s district changes on Oct. 22. Democratic Gov. Josh Stein’s approval wasn’t needed.
In a statement, North Carolina Republican Senate leader Phil Berger said the decision “thwarts the radical left’s latest attempt to circumvent the will of the people” in a state that voted for Trump in 2016, 2020 and 2024.
“As Democrat-run states like California do everything in their power to undermine President Trump’s administration and agenda, North Carolina Republicans went to work to protect the America First Agenda,” Berger said.
Wednesday’s ruling covers two lawsuits.
In one filed by the state NAACP, Common Cause and voters, the plaintiffs sought a preliminary injunction on First Amendment grounds. They say Republican lawmakers unconstitutionally targeted North Carolina’s “Black Belt” instead of Democratic-voting areas with higher White populations because in 2024 they organized and voted for their preferred candidates and had sued over the 2023 configuration of the district.
In the second lawsuit, filed by voters, the case for a preliminary injunction rested in part on an argument that the use of five-year-old Census data due to the mid-decade redrawing of districts violates the Constitution, including the 14th Amendment’s one-person, one-vote guarantee. Additionally, it says lawmakers relied on race in mapmaking in violation of the First and 14th Amendments.
Attorneys for the Republican lawmakers defending the districts wrote that the objectives in redrawing the map were political, not racial, and were part of a “nationwide partisan redistricting arms race.” They rejected assertions about old Census data and retaliation over activities protected by the First Amendment, saying they don’t align with Supreme Court precedent.
Republicans now hold 10 of North Carolina’s 14 House seats — thanks in part to the 2023 map — and they hope to flip an 11th under the latest redistricting changes to the 1st District and the adjoining 3rd District. This effort happened in a state where Trump got 51% of the popular vote in 2024 and statewide elections are often close. Candidate filing in these and scores of other 2026 North Carolina races has been slated to begin Dec. 1.
The litigation challenging the October changes to the map said the boundaries approved by Republicans would result in the Black voting-age population in the 1st District falling from 40% in the 2023 map to 32%.
Republicans in part moved counties in the 1st District with significant Black -– and usually highly Democratic -– populations to the 3rd District currently represented by Republican Greg Murphy. Recent election results indicate both the 1st and 3rd would be favorable for Republicans.
Many of the same plaintiffs challenging the newly altered 1st District sued earlier over the House map enacted in 2023, alleging that Republicans unlawfully fractured and packed Black voters to weaken their voting power.
But the judges — all nominated by Republican presidents — recently dismissed the claims against five other congressional districts and three legislative districts, writing that those who sued failed to prove legislators drew the maps “with the discriminatory purpose of minimizing or canceling out the voting potential of Black North Carolinians.”
