ARLINGTON, Texas — Members of the Texas House Select Committee on Congressional Redistricting and numerous witnesses called on the U.S. Department of Justice to explain a July letter that asked Texas to redraw certain congressional districts, pressing the agency to appear before the committee and to answer legal questions about the letter’s interpretation of federal case law.
Representative Chris Turner and other committee members said DOJ’s involvement is central to the committee’s work. "It is essential that we hear from the Department of Justice," Turner told the panel, and he urged the chair to consider a subpoena if DOJ does not appear voluntarily.
Several witnesses and resource‑level legal experts told the committee that the Justice Department’s letter — which flagged several majority‑minority districts and asked for remedying changes — appears to rely on a contested reading of federal cases. Attorney and legal academic David Griggs told the committee the DOJ letter “is a deliberate misrepresentation of case law,” arguing that the decision cited does not support the broad demands the letter appears to make.
Other resource witnesses reinforced a data point that constrains mapmaking: Jeff Archer of the Texas Legislative Council said no new decennial census data have been released since 2020 and that the council’s available tools are based on the 2020 census and routine American Community Survey estimates. He told members that while other electoral data sets exist, “for purposes of drawing districts that are balanced by population, the only population data the legislature would have to work with is the 2020 census.”
Senator Royce West and Representative Turner said the committee should seek DOJ testimony. Turner asked the chair to pursue a subpoena process if DOJ did not agree to testify; Turner also noted the complex circuit splits on the relevant case law and suggested allowing the U.S. Supreme Court to clarify unsettled legal questions.
Why it matters: The DOJ letter is the proximate cause of the governor’s special session request. If it is incorrect about the legal standards that require redrawing districts, state lawmakers could be pursuing a legally unsound and politically fraught course. If it is correct, the committee will need answers from DOJ so it can craft a response that complies with federal law.
Next steps: The committee chair announced he had formally invited DOJ and was awaiting a reply; he said he would consider further steps, including potentially domestication of a subpoena, if DOJ does not appear. The chair also said he will review the written public comments and incorporate them into the committee’s deliberations before any map is filed.
Key quotes:
• Representative Chris Turner: "It is essential that we hear from the Department of Justice...I would hope the committee would entertain a subpoena process."
• David Griggs (attorney / adjunct law professor): "The Department of Justice letter is a deliberate misrepresentation of case law governing these issues and should not serve as any kind of legitimate justification for the reconsideration of district lines."
• Jeff Archer (Texas Legislative Council): "There has been no new census data. The only population data the legislature would have to work with is the 2020 census."