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Alabama’s congressional map invalidated by federal court due to lawmakers’ defiance of court order.

Federal Court Strikes Down Alabama’s ⁣Congressional​ Map

A federal court on ⁢Sept. 5 struck down the⁣ Alabama​ Legislature’s congressional map‌ that was drawn in ⁣July, finding that ⁤state lawmakers failed to follow an earlier court order requiring that they adhere to the federal Voting​ Rights Act.

The court ordered that ‌a⁢ special master and a cartographer would have to prepare a new,⁢ statutorily compliant map.

The 217-page ‌order‌ (pdf) by the U.S. ‌District​ Court for the Northern District of Alabama suggests‍ state​ lawmakers ​in the Republican-controlled legislature didn’t try to comply with the court’s order⁤ that ⁤it draw an electoral map consistent with the‍ provisions of​ the ​Voting‍ Rights Act.

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“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.

“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 decision continues:

“We are​ disturbed by the evidence ‍that the State delayed remedial proceedings ⁣but ultimately did not ‌even nurture the‍ ambition to provide the required⁤ remedy. And we are struck ⁣by the extraordinary circumstance we face.

“We ⁣are not ​aware of any other case in which a state legislature—faced‌ with a federal court order declaring that its electoral⁢ plan unlawfully dilutes minority votes and requiring a‍ plan that provides an ⁣additional‌ opportunity district—responded with a ⁢plan that the state​ concedes ‍does not provide that district. ⁢The⁢ law⁤ requires‌ the creation of an additional district that affords Black Alabamians, like everyone else, a fair ⁤and reasonable opportunity to elect candidates of their choice. The ⁤2023 Plan plainly fails​ to do ​so.”

The⁢ panel did not accept ⁤the state’s argument that drawing a second black-majority district⁢ would unconstitutionally constitute “affirmative action in redistricting.”

“Unlike affirmative action‌ in​ the admissions programs the Supreme Court analyzed in Harvard, ⁤which was expressly aimed at achieving balanced racial outcomes⁢ in the makeup of the ​universities’ student bodies, ⁤the Voting Rights Act guarantees only ‘equality of‍ opportunity, ​not ‍a guarantee of electoral success‍ for minority-preferred candidates of whatever race,’” the panel wrote.

The⁤ Harvard reference was to Students for ⁤Fair Admissions Inc.⁢ v. President ⁢and Fellows of⁤ Harvard College, a June decision in which the Supreme ⁢Court‍ struck down the use of racially discriminatory admissions policies at U.S. colleges.

“The Voting Rights Act⁤ does not⁣ provide a leg up for Black voters—it merely prevents them from being kept down with regard to what is arguably ‍the most ‘fundamental political⁤ right,’ in that it ⁤is ‘preservative of all rights’—the‌ right to ​vote.”

The new decision was ​issued ‍by​ a three-member panel: Judge​ Stanley ‍Marcus ⁤of⁢ the U.S. Court of Appeals for the 11th Circuit, appointed‌ by President Bill Clinton; and​ District ⁤Judges Anna ​Manasco and Terry ⁣Moorer, both of whom were appointed by President Donald Trump.

Preliminary Injunction

In January 2022, the district court issued a preliminary injunction against Alabama’s then-secretary of ⁢state, John ​Merrill, a⁢ Republican, temporarily forbidding him from conducting any ⁤congressional elections in the state. Merrill has since been succeeded by Wes Allen, also a Republican.

The court found that​ instead of having⁢ one predominantly black congressional district, as it currently has, federal law and existing legal precedents required the state to⁣ have two predominantly ​black⁢ districts.

Even though⁣ 27 percent​ of Alabama’s population is‍ black, white voters are‌ reportedly the majority⁢ in ‍six ​of ⁣the​ state’s seven current congressional districts.

The state’s delegation to ⁤the U.S. House of Representatives currently consists of six Republicans and one Democrat. ⁢Both ‌of⁢ the⁢ state’s U.S. senators​ are⁤ Republicans.

The new ruling came after the Supreme Court voted 5–4 on June 8 to ‍strike⁤ down Alabama’s electoral map ‍for congressional elections, ruling that ​it was racially discriminatory.

The nation’s highest court found in Allen v. Milligan that the map drafted by Alabama Republicans was unconstitutional.



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