Malliotakis Takes Emergency Fight to Supreme Court After NY Judge Orders District Redrawn

Congresswoman seeks to block court-ordered redistricting that could flip her Republican-held seat to Democrats

Published on Feb. 20, 2026

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Rep. Nicole Malliotakis is asking the U.S. Supreme Court to block a New York judge's order that would effectively erase her congressional district and redraw it before the 2026 midterms. Her lawyers filed an emergency application arguing the court-ordered redraw amounts to racial gerrymandering that violates the federal Constitution's equal protection guarantee.

Why it matters

This case raises significant federal constitutional questions about whether a state court can compel race-based redistricting that the U.S. Constitution prohibits. The practical effect would be to potentially flip a Republican-held House seat to Democrats in a key swing state ahead of the 2026 midterms.

The details

A New York judge struck down the boundaries of the 11th Congressional District, which spans Staten Island and parts of southern Brooklyn, ruling that they diluted Black and Latino voting strength in violation of the state constitution. The ruling ordered the state's Independent Redistricting Commission to draw a replacement map. Malliotakis has pursued multiple appeals in state courts, but New York's top court ruled it had no jurisdiction to immediately intervene, leaving her to take the case to the U.S. Supreme Court.

  • Candidates can begin circulating nominating petitions on Feb. 24, 2026.
  • The judge's ruling prevents midterm contests from moving forward until New York's Independent Redistricting Commission draws a new map.

The players

Rep. Nicole Malliotakis

A Republican member of Congress representing New York's 11th Congressional District.

New York Independent Redistricting Commission

The state commission tasked with drawing new congressional district maps.

Elias Law Group

A Democratic law firm representing several groups involved in the case.

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What they’re saying

“The trial court's order has thrown New York's elections into chaos on the eve of the 2026 Congressional Election.”

— Rep. Nicole Malliotakis (Emergency Application to Supreme Court)

“The defendants have already filed multiple appeals for interim state court relief, one of which remains pending. New York's legal machinery is capable of sorting this out without undue federal interference.”

— Aria Branch, Partner, Elias Law Group (Statement)

What’s next

The emergency application will land on the desk of Justice Sonia Sotomayor, who handles emergency matters arising from New York. She can act alone or refer it to the full court for a vote.

The takeaway

This case highlights the ongoing partisan battle over redistricting, with Democrats seeking to redraw congressional maps to their advantage while Republicans argue such moves violate federal constitutional protections. The Supreme Court's decision could have major implications for the 2026 midterm elections in New York.