What Happened

Florida Republican Governor Ron DeSantis is pushing for a special legislative session to redraw the state's congressional districts—a move some Democratic lawmakers have called flatly unconstitutional. Law professors, however, draw a sharper line: mid-decade redistricting is not inherently illegal, but doing it to benefit one party is.

Rep. Ashley Gantt, D-Miami, called it "an illegal, unconstitutional act" that "nullifies" an unambiguous section of the state constitution. Rep. RaShon Young, D-Orlando, echoed the charge: "It is against the constitution to redraw maps in favor of a party."

DeSantis hinted on April 14 that he may delay the special session, since no proposed maps have been filed. He nonetheless said a new map would pass "in the coming weeks."

Why It Matters

At stake is Florida's Fair Districts amendment, enshrined in the state constitution via a 2010 ballot initiative. The amendment bars drawing districts "with the intent to favor or disfavor a political party or an incumbent." It also prohibits diluting the political power of racial or linguistic minorities.

Republicans currently hold 20 of Florida's 28 congressional seats. A redistricting tilted further in their favor could ripple into the balance of power in the U.S. House.

Michael Morley, a law professor and faculty director of Florida State University's Election Law Center, told PolitiFact that any new map must be justified on grounds other than expanding Republican seats or offsetting Democratic gains elsewhere. "A court would assess the totality of the circumstances in determining legislative intent," he said.

Florida Senate President Ben Albritton warned lawmakers to limit public statements about the process, noting that conversations with outside parties could become legal evidence.

Historical Thread

Gerrymandering—the manipulation of district boundaries for partisan advantage—dates to at least 1812, when Massachusetts Governor Elbridge Gerry lent his name to the practice. Florida voters responded in 2010 by writing anti-gerrymandering protections directly into the state constitution.

The most recent redistricting occurred in 2022, based on 2020 Census data. The Florida Constitution requires redistricting in the second year after each decennial census but does not explicitly prohibit mid-cycle revisions.

DeSantis has offered multiple rationales for the push: a claimed unfair loss of a congressional seat in the 2020 Census, population growth since then (Republicans now outnumber registered Democrats by roughly 1.5 million, a reversal from 2020), and an anticipated U.S. Supreme Court ruling on the Voting Rights Act expected by late June or early July.

Implications [Expert Analysis]

Legal experts suggest the core legal question is less about timing and more about demonstrable intent. Florida's Supreme Court issued its most recent Fair Districts ruling in July 2025, signaling continued judicial scrutiny.

The forthcoming Supreme Court decision on race-based districts under the Voting Rights Act could significantly reshape the legal landscape—not just for Florida but for states nationwide. If the Court invalidates certain minority-majority districts, a cascade of redistricting actions across the country is likely.

Analysts note that if explicit partisan intent is documented through testimony or written communications, any new Florida map faces a high risk of judicial invalidation. Conversely, if neutral justifications—population shifts, legal compliance—are made the primary record, the plan may survive court review. With the 2026 midterms approaching, the outcome carries national implications for House control.