A three-judge federal panel said it was ‘deeply troubled’ that the state legislature had not complied with an earlier order
A panel of three federal judges rejected Alabama’s latest version of its congressional map Tuesday, saying the state’s Republican-led legislature did not follow a court order backed by the U.S. Supreme Court to comply with the Voting Rights Act when it last redrew districts in July.
The ruling — which Alabama is planning to appeal — further bolsters challenges of maps drawn by GOP-led legislatures in several other Southern states, where Democrats and civil rights groups have brought lawsuits arguing that Republicans are illegally diluting the power of Black voters. The outcomes of these challenges have the potential to shift the political makeup of federal and state legislative bodies, including which party controls Congress.
The judges in the Alabama case have directed a special master and cartographer to create three proposed remedial plans. The plans are due to be filed “no later than the close of business” on Sept. 25. Parties in the cases can subsequently file any written objections to the new plans to the court.
“We do not take lightly federal intrusion into a process ordinarily reserved for the State Legislature. But we have now said twice that this Voting Rights Act case is not close,” the judges wrote in the
order. “And we are deeply troubled that the State enacted a map that the State readily admits does not provide the remedy we said federal law requires.”
The order also says the judges were “disturbed by the evidence that the State delayed remedial proceedings but ultimately did not even nurture the ambition to provide the required remedy.”
The U.S. Supreme Court had issued a decision in June upholding the panel’s earlier ruling, which found that the Alabama legislature drew congressional districts that unlawfully diluted the political power of Black residents in violation of the federal Voting Rights Act. The three-judge panel had ordered the state to produce a new congressional map that included either an additional majority-Black district or a second district in which Black voters otherwise would have an opportunity to elect a candidate of their choice.
Alabama is now planning to try to escalate the issue to the U.S. Supreme Court again.
“While we are disappointed in today’s decision, we strongly believe that the Legislature’s map complies with the Voting Rights Act and the recent decision of the U.S. Supreme Court,” the Alabama attorney general’s office said in a statement. “We intend to promptly seek review from the Supreme Court to ensure that the State can use its lawful congressional districts in 2024 and beyond.”
In a joint statement, the plaintiffs in Allen v. Milligan said the court’s decision Tuesday shows that Alabama is on the losing side of history, comparing the congressional map battle to segregation in the state 60 years ago.
“We demand that Alabama again move out of the way and obey our laws — we demand our voting rights,” the plaintiffs said.
In a statement, Alabama House Minority Leader Anthony Daniels (D) called the court’s order “a victory for Alabama voters.”
“From the beginning of this process, all we have asked for from the legislative majority is fairness, transparency, and adherence to the rule of law,” he continued. “It is simply not right that Alabama Black voters — who represent 27% of Alabama’s population — only have 14% representation in Congress.”
