A US District Court Northern District of Alabama three judge panel Tuesday tossed out the Alabama legislature’s proposed congressional map, holding that the current map is still racially gerrymandered and likely violates Section Two of the Voting Rights Act. This is the second time this panel has tossed out a proposed Alabama congressional map during this case.
The latest order from the panel enjoins the state of Alabama from using the 2023 map, finding that it continues to perpetuate the same Section 2 violations that the panel identified during previous litigation. The opinion goes on to order that a Special Master be appointed to redraw the congressional map due to the tight turnaround before the next congressional elections. The opinion states:
Because we enjoin use of the 2023 Plan, a new congressional districting plan must be devised and implemented in advance of Alabama’s upcoming congressional elections. The State has conceded that it would be practically impossible for the Legislature to reconvene in time to enact a new plan for use in the upcoming election…We will therefore undertake our “duty to cure” violative districts “through an orderly process in advance of elections” by directing the Special Master and his team to draw remedial maps.
The panel appointed Richard Allen as a Special Master to oversee the drawing of new maps along with an experienced redistricting team. In the Order Instructing the Special Master, the court requires that Allen produce three proposed congressional maps by September 25. After these maps have been reviewed, both the state of Alabama and the Alabama voters and special interest organizations that brought the case will have a hearing in order to present any objections to the proposed maps on October 3.
The case, Allen v. Milligan, has been winding its way through the legal system for some time. The case has not only been before the same judicial panel once before, it has also made its way to the US Supreme Court. In June, the court ruled that the plaintiffs in the case had shown a reasonable likelihood of success in the case, supporting a prior injunction. The court also affirmed that Section 2 of the Voting Rights Act was applicable and constitutional. Despite the Supreme Court ruling, the Alabama legislature drew the congressional map with only one majority black district once again in July.
Amanda Priest, spokesperson for Alabama’s state attorney general, has stated that the state plans to seek review from the US Supreme Court once again.
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