Supreme Court to rule soon on Alabama Congressional Districts

Alabama’s Congressional Districts could be thrown into chaos in the coming weeks if the U.S. Supreme Court upholds a lower court decision in a case challenging the 2021 congressional redistricting by the Alabama Legislature.

The Supreme Court decision in the case of Milligan versus Merrill will be announced in the next few weeks.

This decision could have a wide-ranging impact on when states must draw minority-majority districts.

The plaintiffs claim that since Blacks are over 27% of the population of Alabama, the Legislature should have drawn two majority-minority districts, not one (Alabama’s Seventh Congressional District). A federal three-judge panel ruled for the plaintiffs and ordered the Legislature to redraw the districts. The state appealed to the U.S. Supreme Court, which voted 5 to 4 to stay the lower court decision until they hear and decide the case.

Alabama Attorney General Steve Marshall said that the Supreme Court granted the State’s motion, allowing the Alabama Congressional District map as drawn by the Legislature in November to stand for now.

“I’m gratified that the Supreme Court has stepped in to halt the district court’s order, which would have resulted in a congressional map that would have unconstitutionally divided Alabamians based on race,” Marshall stated. “As we have explained throughout this litigation, Alabama’s 2021 plan is an ordinary plan that looks much like the plan approved by a federal court in 1992, the plan approved by a majority-Democratic legislature in 2001, and the plan approved by a majority-Republican legislature in 2011.

“Plaintiffs demand a significant overhaul to the map to create a second majority-Black district, but their own experts showed that no such map could be drawn unless traditional race-neutral principles took a back seat to voters’ race,” Marshall explained. “Indeed, one expert used her algorithm to draw two million random versions of Alabama’s map based on race-neutral principles, and not a single one had two majority-black districts. That is why each of the plans proposed by Plaintiffs would split Mobile County for the first time ever, to join voters in Mobile with voters as far away as Phenix City, based on race, all while dividing long-recognized communities centered on the Gulf Coast’s unique economy and culture.”

The lawsuit challenging the map was brought by Evan Milligan, Khadidah Stone, Letitia Jackson, Shalela Dowdy, Greater Birmingham Ministries, and the Alabama State Conference of the NAACP, who are represented by the NAACP Legal Defense and Educational Fund, Inc. (LDF), the American Civil Liberties Union (ACLU), the American Civil Liberties Union) of Alabama, Hogan Lovells LLP, and Wiggins, Childs, Pantazis, Fisher & Goldfarb.

Civil Rights groups are concerned that the opinion could further narrow the Voting Rights Act, similar to the landmark decision in Shelby v. Holder, which found that the preclearance section of the Voting Rights Act was an arcane measure that had no relevance in the modern world.  As a result of the landmark Shelby v. Holder decision, the 2021 redistricting was the first in the state of Alabama in decades that did not have to get preclearance from the U.S. Department of Justice. A victory for the state of Alabama could give state legislatures nationwide more flexibility in how they draw their districts. A strong for the plaintiffs could impact districts beyond Alabama and spark more lawsuits as the two political parties use the courts to gain advantage over the other.

On November 2022, six Alabama congressional incumbents (5 Republicans and 1 Democrat) easily sailed to re-election with little drama in districts that look much like how their districts were drawn a decade ago. Alabama congressional Republicans held on to the open Fifth Congressional District. No Alabama congressional district has flipped parties since the Second Congressional District flipped from Democrat to Republican control in 2010. Then Montgomery City Councilwoman Martha Roby defeated incumbent Congressman Bobby Bright. That was also the last time that an Alabama Congressional incumbent lost re-election.

The decision is due before the end of June.

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