Federal Panel Dismisses Sherman v. Hargett: Memphis Vote-Dilution Count With Prejudice for Failure to Plead Discriminatory Purpose, First Amendment Count Without Prejudice as a Political Question (M.D. Tenn.)

The federal panel in Sherman v. Hargett (M.D. Tenn.; Judges Nalbandian, Campbell and Stivers) granted the defendants’ motion to dismiss in a per curiam order and opinion. The plaintiffs are Black Memphians challenging the May 2026 congressional map that splits Memphis and Shelby County across districts.

  • Vote dilution count: dismissed with prejudice for failure to state a claim. The panel held the complaint did not plausibly allege discriminatory purpose, applied the presumption of legislative good faith, and treated the sponsors’ goal of an all-Republican delegation as the “obvious alternative explanation.”
  • First Amendment count: dismissed without prejudice for want of jurisdiction, as a nonjusticiable political question under Rucho.
  • Continuity: the order dismisses for “essentially the same reasons” as the panel’s earlier denial of a preliminary injunction.

Sources & Citations

[1] Order and Opinion (per curiam), Sherman v. Hargett, 3:26-cv-00616 (M.D. Tenn.), Doc. 65 — US District Court, M.D. Tenn. (three-judge court) · Oct 1, 2026 Tier 1
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Cite this entry
The Cascade Ledger. “Federal Panel Dismisses Sherman v. Hargett: Memphis Vote-Dilution Count With Prejudice for Failure to Plead Discriminatory Purpose, First Amendment Count Without Prejudice as a Political Question (M.D. Tenn.).” The Capture Cascade Timeline, October 1, 2026. https://capturecascade.org/event/2026-10-01--three-judge-panel-dismisses-sherman-v-hargett-memphis-vote-dilution-claim-with-prejudice-first-amendment-claim-without-prejudice/