Lawsuit challenges DeSantis' authority to call special session for redistricting

The lawsuit claims the governor lacks the power to force the legislature to redraw congressional districts mid-decade.

Feb. 5, 2026 at 11:47pm

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A lawsuit filed with the Florida Supreme Court alleges that Florida Gov. Ron DeSantis does not have the authority to call a special legislative session to redraw the state's congressional districts in the middle of the decade. The lawsuit, supported by the National Redistricting Foundation, claims DeSantis' proclamation violates the separation of powers doctrine in the Florida constitution, as the power to redraw districts belongs to the legislature, not the governor.

Why it matters

The outcome of this lawsuit could have significant political implications, as redrawn congressional districts in Florida could impact the balance of power in the closely divided U.S. House of Representatives. The state's current congressional map, pushed by DeSantis, has already faced criticism for potentially violating Florida's 'Fair Districts' amendment prohibiting gerrymandering.

The details

The lawsuit argues that while the governor can call a special legislative session, he cannot force the legislature to carry out his preferred policy objectives, such as redrawing congressional districts mid-decade. Currently, 20 of Florida's 28 congressional seats are held by Republicans, and DeSantis' proposed redistricting plan could give the GOP an advantage in future elections.

  • DeSantis issued a proclamation last month announcing a special legislative session in April to redraw Florida's congressional map.
  • In 2010, over 60% of Florida voters approved a constitutional amendment prohibiting gerrymandering, known as the 'Fair Districts' amendment.
  • The Florida Supreme Court upheld a congressional map pushed by DeSantis last July, despite criticism that it violated the 'Fair Districts' amendment.

The players

Ron DeSantis

The Republican governor of Florida who issued a proclamation calling for a special legislative session to redraw the state's congressional districts.

National Redistricting Foundation

A voting rights group that is supporting the lawsuit challenging DeSantis' authority to call the special session.

Cord Byrd

The Florida Secretary of State who issued a directive to county supervisors of elections to implement rules used only in years when Florida districts are redrawn.

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What’s next

The judge in the case will decide whether to grant the lawsuit's request that DeSantis prove he has the authority to call a special session for redistricting, and if he is unable to do so, to declare his redistricting proclamation unenforceable.

The takeaway

This lawsuit highlights the ongoing debate over the balance of power between Florida's governor and legislature when it comes to redrawing congressional districts. The outcome could have significant political implications for the state and the nation, as the redrawn districts could shift the balance of power in the closely divided U.S. House of Representatives.