A federal lawsuit regarding a South Florida congressional district and three Florida House seats will go to trial in January.
A three-Judge panel granted a state motion to dismiss legal challenges to four House seats, but allowed a case to move forward challenging Florida’s 26th Congressional District and House Districts 115, 118 and 119.
That could have significant impacts on legislative districts represented by state Reps. Omar Blanco, Juan Porras and Mike Redondo, all Republicans, and potentially any neighboring seats. It could also affect the congressional district represented by U.S. Rep. Marío Diaz-Balart, a Hialeah Republican, and on a mid-decade congressional redistricting process kicking off in the Florida Legislature in coming weeks.
“In sum, Plaintiffs have offered district-specific statements of key actors and district-specific circumstantial evidence that is sufficient to create a genuine dispute of material fact as to whether race predominated in the drawing” of the districts, the ruling reads.
The unanimous order was signed by U.S. Circuit Judge Britt Grant and U.S. District Judges Jacqueline Becerra and Rodolfo Ruiz. Grant and Ruiz were both appointed to their spots on the bench by Republican President Donald Trump, while Becerra was appointed by Democratic President Joe Biden.
The lawsuit, backed by the American Civil Liberties Union (ACLU), has unfolded over the course of the year. Judges in February allowed the challenge to proceed on eight districts, though the court dismissed challenges then to Florida’s 27th and 28th Congressional Districts, which are represented by GOP U.S. Reps. María Elvira Salazar and Carlos Giménez, respectively.
In the latest order, Judges tossed challenges to House Districts 112, 113, 114 and 116, all seats that elected Republican Representatives in November.
That leaves a single congressional district and three legislative seats.
While every challenged district has elected Republicans since being drawn in 2022, the lawsuit alleged the lines were drawn with race as a motivating factor, with Cuban Americans dominating the electorate.
That’s ironically the same logic Gov. Ron DeSantis referenced when he vetoed a prior congressional map that preserved a Black-controlled district in North Florida. That district had reliably elected U.S. Rep. Al Lawson, a Black Democrat, since its early construction in 2016. DeSantis’ Office drew its own cartography that broke up that seat and left only majority-White districts in North Florida, and only Republicans have represented that region of the state since then.
But DeSantis left in place district lines crafted by the Legislature in South Florida when he drew his map. That meant that, unlike prior proposals from DeSantis, he left in place a district spanning from the Miami area over to south Collier County. Those lines connected Cuban American populations in Hialeah and east of Naples, but including sparsely populated communities in between, with population centers located about two hours apart by car.
The Judges noted comments by former state Sen. Ray Rodrigues, an Estero Republican who chaired the Florida Senate’s Reapportionment Committee in 2022. That included statements that a “big consideration in drafting CD 26 … is that 26 is a Tier One protected district.” That meant the Legislature, as lawmakers understood the law at the time, could not diminish the voting power of racial communities when it redistricted lines.
Judges spotlighted similar comments from state Rep. Tyler Sirois, a Merritt Island Republican who chairs the House Congressional Redistricting Subcommittee.
However, rulings by the U.S. Supreme Court and Florida Supreme Court have since called into question whether that nondiminishment approach, connected to the Fair Districts Amendment in Florida’s Constitution, violates the “equal protection clause” of the U.S. Constitution.
The Judges in the new ruling noted that Alex Kelly — who, as DeSantis’ Deputy Chief of Staff, drew the current congressional map — stated that race played a role in leaving the current makeup of CD 26.
“Knowing that this is a historically performing majority-minority Hispanic seat, I was watching those numbers carefully to make sure that in terms of the overall Hispanic voting age population, I was staying very close to the benchmark seat, which I think is maybe a little bit more than 74%,” Kelly said in a statement quoted in the ruling.
Attorneys for the state have maintained that the CD 26 lines and those of all the House districts in question were drawn with “race-neutral criteria.” The Governor had no veto power over the Florida House map, which was cleared by the Florida Supreme Court shortly after the Legislature approved the cartography.
But the Judges unanimously agreed that there is enough reason to question the motives behind some of the challenged districts.
Nicholas Warren, an attorney for the ACLU, shared a map on X that focuses on the three districts going to trial. All are geographically narrow, traversing a much longer area north and south than they do east and west, despite all lying in densely populated South Florida.
He also posted a map of Diaz-Balart’s district that marks the disparate Hispanic populations on far sides of the state. The congressional district that spans from Florida’s west to east coast without a connecting coastline.
The trial will take place during Florida’s 2026 Legislative Session, when lawmakers were already expected to be revisiting the congressional map.
Redondo, a Miami Republican in line to be House Speaker if Republicans hold the chamber in 2030, has been named the Chair of a House Redistricting Committee, which will hold its first meeting on Dec. 4. But the Legislature only has plans to review congressional lines this year, not to revisit legislative maps.
The Florida Senate has yet to make moves toward redistricting, but Gov. Ron DeSantis has signaled that he wants a new map produced. Trump has also pressured Republican-controlled states to maximize GOP-friendly seats ahead of the 2026 Midterms.