Rep. Nicole Malliotakis, R-N.Y., is turning to the U.S. Supreme Court in an effort to halt what she describes as an unconstitutional attempt by New York’s judiciary to redraw her congressional district just months before the 2026 midterm elections.
The legal battle stems from a ruling by a New York judge who struck down the boundaries of the state’s 11th Congressional District, finding that the lines diluted Black and Latino voting strength on Staten Island in violation of the state constitution. The decision directs New York’s Independent Redistricting Commission to produce a new map, effectively freezing the district’s midterm contest until that process is completed.
In her emergency application to the high court, Malliotakis argues the lower court’s decision has upended the state’s election process at a critical moment. “The trial court’s order has thrown New York’s elections into chaos on the eve of the 2026 Congressional Election,” the filing states.
Malliotakis contends that the ruling would force the state to engage in racial gerrymandering, violating the Equal Protection Clause of the U.S. Constitution. She is asking the justices to intervene before candidates begin circulating nominating petitions on Feb. 24, warning that the election calendar is moving quickly and uncertainty could disrupt the process.
Her appeal comes after New York’s highest court determined it lacked jurisdiction to immediately step in. While Malliotakis continues to pursue remaining state court remedies, her attorneys say federal intervention is now necessary given the looming deadlines. “While Applicants had hoped—and still hope—that the New York appellate courts put an end to this unconstitutional mischief, they come to this Court now,” the application states.
Democratic groups involved in the case have pushed back strongly. Aria Branch, a partner at Elias Law Group, called the Supreme Court filing a “desperate appeal” and described it as “premature and improper.” Branch noted that multiple appeals for interim relief remain pending in state court and argued that New York’s legal system is fully capable of resolving the matter without federal interference.
The ruling has been widely viewed as a political win for Democrats, potentially opening the door to a House pickup in a district currently represented by a Republican. Malliotakis’s district includes Staten Island and parts of southern Brooklyn. President Trump won the district decisively, but a redraw could reshape the map by pairing Staten Island with Lower Manhattan voters, altering the political dynamics.
The Supreme Court has not yet formally docketed the application, though Malliotakis’s attorneys confirmed it was filed this week. Under the court’s procedures, the request will initially go to Justice Sonia Sotomayor, who handles emergency matters arising from New York. She may decide the matter herself or refer it to the full court, as is common in high-profile disputes.
The justices have already weighed in on emergency redistricting appeals this year, allowing new maps in Texas and California to proceed. Those decisions come amid what observers describe as a broader mid-decade redistricting struggle, with both major parties seeking to gain an advantage ahead of the midterms.
For now, Malliotakis is seeking clarity before the petition process begins, arguing that voters and candidates alike deserve stability — and that the Constitution must ultimately guide how district lines are drawn.
