The Purcell Principle, Often Used in the SCOTUS Shadow Docket, Will Be Argued in the Texas Gerrymandering Decision.  What is it?



The Purcell Principle is supposed to keep last minute changes in election law from creating chaos before and during elections.  It’s also been unevenly applied in lower courts and the U.S. Supreme Court’s so-called ‘shadow docket’, and is being argued again in the current Texas racial gerrymandering case.

November 18th, a federal panel ruled the Texas legislature racially gerrymandered its 2025 congressional district map, and Texas immediately appealed to the U.S. Supreme Court’s emergency docket.  Justice Samuel Alito granted a temporary stay, requesting responses from the parties by Nov. 24th.

Predictably, briefs supporting the State of Texas leaned heavily on Purcell v. Gonzales, the Arizona case which never defined “how close was too close” to the election. Since, some courts have ruled 90 days is too close, others six months.  

Texas candidates must file by December 6th for the 2026 elections, so the state and others argue the gerrymandered maps should stand.  

Pro-voter groups argue the racially gerrymandered maps are illegal, and Purcell doesn’t apply. They argue the election is a year away, and the federal court directed the 2021 maps be used.

In partisan hands, Purcell can be applied to swing an election, or in this case, to help retain control of the U.S. House.  Will the high court play shadow docket politics?  Expect an answer shortly.

We have more at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:

American Democracy Minute – The Purcell Principle:  A SCOTUS Decision Intended to Avoid Voter Confusion May Now Be a Stealth Voter Suppression Tactic
American Democracy Minute – With Candidates Ready to File, SCOTUS Temporarily Blocks Ruling on Texas Racial Gerrymandering, Louisiana Gerrymandering Decision Still Pending
American Constitution Society – The Roberts Court, The Shadow Docket, and the Unraveling of Voting Rights Remedies
U.S. Supreme Court – Docket for Greg Abbott, et al., Applicants v. League of United Latin American Citizens, et al., including Monday, Nov. 24 Briefs
SCOTUSBlog – A Purcell Principle Explainer

Groups Taking Action:

LULAC, MALDEF, NAACP Legal Defense Fund, Lawyers Committee for Civil Rights Under Law

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – How to Register And Vote in Your State


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