Texas Republicans continued to march their obscene gerrymander through the legislature they dominate. If enacted, the resulting map will add five more Republican seats to an already severely gerrymandered landscape.
In the 2024 election, Donald Trump won 56% of the total vote in the Lone Star State. Under the current map — enacted by Republicans in 2021 — they control two-thirds of the 38 seats. Under the revised version, they would hold nearly 80%.
This is only the beginning. Republicans are already talking openly about taking the Texas playbook to other states under their control.
Take Florida, for example. Due to gerrymandering, Republicans currently control 20 of 28 seats — 71% — in a state Donald Trump carried with just 56% of the vote. They achieved this despite a state constitutional provision prohibiting partisan gerrymandering. Yet even that may not be enough for Florida Republicans, who are already discussing further manipulating the map in their favor.
In an article in The New York Times this weekend, someone in Trump’s orbit described their plan as: “Maximum warfare, everywhere, all the time.” As the authors noted, this strategy extends far beyond redistricting. It is the GOP’s approach to the rule of law, large institutions, the media and their political opponents.
For example, this weekend we learned that the Trump administration is opening an investigation into former Special Counsel Jack Smith for allegedly violating the Hatch Act’s prohibition on engaging in partisan political activity. Smith, of course, did nothing of the sort.
On Saturday, New Hampshire Gov. Chris Sununu signed a slate of new voter suppression measures into law — including one that will make it more burdensome to cast a ballot by mail. When it comes to voting rights, there are no moderates in the GOP. Election denialism and voter suppression are now prerequisites for being in good standing within the party.
And, of course, before the Senate GOP abruptly left for their summer recess, they confirmed Jeanine Pirro as U.S. Attorney for the District of Columbia. The former talk show host — best known for her election denialism and being lampooned for her wine consumption — will now run one of the most important federal prosecutorial offices in the country.
Republicans know that their policies are unpopular, and the midterm elections threaten to topple their power. That’s why the GOP is at maximum warfare — and unfortunately, we should expect this to get much worse in the days and months ahead.
Since Trump took the Oath of Office and started his crusade against free and fair elections, Democrats and those in the pro-democracy movement have struggled on how best to respond. Some argue we continue to build a “resistance.” I suggested something more durable, which I termed the “opposition.” Still others argue we need to agree with Trump where we can and disagree where we must.
This weekend, however, all of that was swept away as Democrats embraced a simpler approach: “fight.”
This unified approach didn’t happen overnight, and we’ve come far. Consider this: Two years ago, my hardball litigation tactics were criticized by some in the Biden administration as too aggressive. As Axios reported at the time, “Elias argues Democrats should be fighting on every possible front,” while “the president's team wants to be more selective in picking legal fights.”
Yet, today, there is a seemingly endless appetite for exactly what I proposed back then. Litigate everywhere all at once. Use every tool available. Spare no norm or polite custom if it stands in the way of protecting democracy.
This weekend, for the first time, it felt like Democrats of all stripes were proudly fighting back.
After weeks of Senate Democrats blocking the confirmation of nearly every Trump appointee, Republicans backed down and went home. Even as tempers flared, there was no sign of criticism from the usual corners. No one counseled moderation and compromise. There were no pleas for bipartisanship. Instead, Senate Democrats, led by Chuck Schumer, stood firm and were cheered for forcing Trump and Thune to throw in the towel and declare a recess.
Meanwhile, over in Texas, there was near universal support for those fighting back against the redistricting power grab. On Sunday, a group of Democratic state legislators left the state, thereby denying the quorum needed to pass the new GOP map.
Democratic governors continue to explore and advance midcycle redistricting of their own to counter the GOP’s efforts in Texas. Most noticeably, the voices that usually tout independent commissions and wag their fingers at Democrats have gone silent or are drowned out by those urging Democrats to fight hard and fight to win.
I am thrilled that fight is the watchword for the current movement and I encourage everyone to join this effort. As The New York Times wrote this weekend:
Marc Elias, one of the Democratic Party’s most prominent lawyers, welcomed any converts to his brand of brass-knuckle politics. “I do not believe, when it comes to elections, that Democrats should ever engage in any process that requires Republicans to act in good faith,” Mr. Elias said.
Welcome, one and all, to the fight for democracy!
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