On Monday, the State of Alabama suffered another major setback in its ongoing congressional redistricting map saga when the federal three-judge panel that is hearing Alabama’s congressional redistricting case denied the state’s request that the ruling be paused to give the state time to appeal to the U.S. Supreme Court – again.
The federal three-judge panel wrote in their ruling on Monday, “It is exceptionally unusual for a litigant who has presented his arguments to the Supreme Court once already — and lost — to assert that he is now ‘overwhelmingly likely’ to prevail on those same arguments in that Court in this case.”
The three-judge panel ruled that the state likely violated the Voting Rights Act of 1965 when it passed a congressional redistricting plan in 2021 that created six majority-white and just one majority-Black Congressional District. The court ordered the state to suspend the 2022 congressional elections and submit a compliant map. The state refused and instead appealed to the Supreme Court. The high court upheld the three-judge panel’s order allowing the 2022 election to proceed with the 2021 maps. In June, the Supreme Court ruled in Allen v. Milligan that the three-judge panel was right in their 2022 preliminary ruling and remanded the case back to them in a controversial 5 to 4 ruling against the state of Alabama.
After the state’s rebuke by the Supreme Court, the three-judge panel ordered the state to prepare a map with two majority-minority districts “or something close to it.”
The Alabama State Legislature met in a July special session. Instead of complying with the court order, the Republican-dominated Legislature passed a new map that increased the Second Congressional District from 30% Black voting age population to 39.9%.
The Republicans in the Senate claimed that their ‘Livingston 3’ map kept communities of interest together and was as compact as possible. They argued that this was as close to fulfilling the court’s order. Never mind that the Republican-dominated House of Representatives had passed a map by Representative Chris Pringle (R-Mobile) with a 43.3% Black 2nd District. When the Pringle plan arrived in the Senate, State Senator Steve Livingston (R-Scottsboro) simply substituted it for his Livingston 3 map. The state adopted the Livingston 3 map.
Livingston and Pringle are the joint co-chairs of the Legislature’s Joint Committee on Reapportionment.
The Legislature’s Democrats and the civil rights groups suing the state asked the three-judge panel to reject the partisan Livingston 3 map. The three-judge panel complied, ruling that it (like the 2021 redistricting map) violated the Voting Rights Act. The court has appointed a special master to draw Alabama’s new congressional districts map.
Alabama Secretary of State Wes Allen (R), on the advice of Attorney General Steve Marshall (R), appealed that ruling to the U.S. Supreme Court.
Monday’s setback by the three-judge panel means that the court-appointed special master will continue redrawing the state’s seven congressional districts to create that second majority Black District. That map, which nobody has seen yet, will likely be the map the state will use to vote next year. The special master is supposed to be finished with his new map by September 25.
The state is still asking the Supreme Court to intervene, but there is no guarantee that the Court will even hear this case. If it does agree to listen to the case, it is unknown if the Justices will allow the 2024 election to proceed with the Legislature’s Livingston 3 map or if they will allow the election to proceed with the new special master map.
Democrats hope to use the Allen v. Milligan ruling to force states to create new majority-minority districts.
The major party primaries are on March 5. The Alabama Democratic Party told Alabama Today Monday that candidate qualifying for Democrats will open on September 29. The Alabama Republican Party announced during the day that GOP candidate qualifying will not begin until October 16. Both parties are closing qualifying on November 10.
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