DeSantis Attorney Says Fair Districts Amendments Can Be Ignored in New Map
Governor’s legal team argues federal law trumps voter-approved Fair Districts requirements as Legislature considers map adding four GOP seats.
TALLAHASSEE, FLORIDA — An attorney representing Governor Ron DeSantis informed state lawmakers Tuesday that they can disregard certain provisions of Florida’s Fair Districts Amendments when approving a new congressional redistricting map, arguing that federal law takes precedence over the voter-approved constitutional requirements.
The governor’s proposed map, presented to the Legislature on Monday, could potentially add as many as four Republican congressional seats to the 20 out of 28 that Republicans currently hold in Florida. DeSantis began discussing redistricting after President Donald Trump encouraged red states last year to redraw their congressional maps to aid Republicans in the 2026 midterm elections.
Legal Challenge to Fair Districts
DeSantis’ legal team argues that a provision in the 2010 Fair Districts Amendments violates the 14th Amendment of the U.S. Constitution. The contested language states that “districts shall not be drawn with the result or intent of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or to diminish their ability to elect representatives of their choice.”
The governor’s attorneys assert that because this race-based requirement is unconstitutional, it invalidates other parts of the Fair Districts Amendments, including the provision that prohibits partisan gerrymandering. That provision explicitly states “no district shall be drawn with the intent to favor or disfavor a political party or an incumbent.”
Supreme Court Precedent Cited
Attorneys for DeSantis refer to the Florida Supreme Court’s approval of the governor’s 2022 redistricting map last year as evidence that the court agrees with their constitutional interpretation. They argue the race-based requirements “cannot be severed” from other parts of the 2010 constitutional amendments.
The legal team contends that the Fair Districts Amendments “was sold to the voters as a package” and notes there was no severability provision included when it was presented to voters.
Opposition Protests Redistricting Effort
Democrats have criticized the redistricting effort as a clear gerrymander that violates Fair Districts’ anti-partisan provisions. Protesters gathered outside the Florida Capitol on Tuesday as lawmakers convened in special session to consider the new map.
Genesis Robinson from Equal Ground was among those speaking at the demonstration, as activists voiced opposition to what they see as mid-decade redistricting designed to benefit Republican candidates.
The special legislative session comes as Republicans seek to maximize their congressional delegation ahead of the 2026 midterm elections, potentially expanding their already substantial majority in Florida’s 28-member congressional delegation.
