SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
allen v milligan
In 'Victory for Voting Rights,' Federal Judges Adopt New Alabama Congressional Map
"Today's order means for the first time, Black voters in two congressional districts will have an opportunity to elect a candidate of their choice," said the head of the state's ACLU branch.
Oct 05, 2023
Following a U.S. Supreme Court ruling and Alabama Republicans' open defiance of a federal tribunal's order to reconfigure the state's racially gerrymandered congressional districts, a three-judge panel on Thursday adopted a new map that will be used in the 2024 elections.
Proponents hailed the ruling by U.S. Circuit Judge Stanley Marcus, District Judge Anna Manasco, and District Judge Terry Moore as a win for democracy. The move creates a second "opportunity district" where voters will have a fighting chance to elect a second Black member of Congress for the first time since Reconstruction.
"Today's order means for the first time, Black voters in two congressional districts will have an opportunity to elect a candidate of their choice," JaTaune Bosby Gilchrist, executive director of the ACLU of Alabama—which represented plaintiffs in the case—said in a statement.
"It is unfortunate that federal courts were forced to put in place a congressional map that state lawmakers refused to admit is the right thing to do, but we are thankful for their intervention," she added. "Our democracy is strongest when we make it possible for every vote to be counted. Putting in place fair voting maps moves us closer to that reality."
U.S. Rep. Terri Sewell (D-Ala.)
said: "While we celebrate this historic victory, the continued resistance that we face from state officials should not be lost on anyone. This long and arduous battle over Alabama's congressional map serves as a solemn reminder that efforts to deny fair representation to Black and minority voters are still alive and well."
Alabama state Sen. Merika Coleman (D-19) said that "today, we celebrate a victory for voting rights for all Alabamians."
"For two years, we have fought vigorously to end racial gerrymandering in Alabama and we are pleased with this landmark decision," she added. "Not only will this positively affect Alabama, but it will also help remedy the racial gerrymandering that is occurring throughout our nation. Fair maps ensure that no matter what your race, ethnicity, or political leaning, your vote counts."
While the new map does not include a second majority-Black district, it does create one in which 48.7% of voting-age residents are Black. The special master tasked with creating three map options asserted that the candidate preferred by a majority of Black voters has won 16 of the prior 17 elections in the district.
In 2022, a federal district court ordered Alabama's Republican-controlled legislature to draw a new congressional map after one approved by lawmakers and GOP Gov. Kay Ivey was found to dilute Black voting power because it contained just one majority African-American district. The court—which ruled that the GOP map violated Section 2 of the Voting Rights Act and the 14th Amendment—ordered the state to create two Black "opportunity districts."
The state appealed to the U.S. Supreme Court, which in June ruled 5-4 in Allen v. Milligan—with right-wing Justices John Roberts and Brett Kavanaugh joining their three liberal colleagues in the majority—to affirm the district court's ruling.
Following Allen v. Milligan, Ivey held a special legislative session to create a new map, which she approved in July, declaring that state lawmakers know "our people and our districts better than the federal courts or activist groups."
Despite the courts' rulings, Alabama Republicans' new map—the Livingston Congressional Plan 3—still did not contain a second majority Black district. The map's sponsor, state Sen. Steve Livingston (R-8), said then-U.S. House Speaker Kevin McCarthy (R-Calif.) told him that he was "interested in keeping my majority."
A federal tribunal consisting of two appointees of former President Donald Trump and one appointee of former President Ronald Reagan then blocked the new map, declaring that "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."
Alabama then requested—and was denied—another Supreme Court intervention. A special master tasked by the district court subsequently submitted three new possible maps, or remedial plans, for consideration. Marcus, Manasco, and Moore selected Remedial Plan 3.
Similar challenges to GOP-draw, racially rigged congressional maps are playing out in
Georgia, Florida, and Louisiana.
Keep ReadingShow Less
Supreme Court Rejects Alabama Bid to Impose Racially Rigged Congressional Map
As the Alabama ACLU noted, the state must now create a second district "where Black voters have an opportunity to elect a candidate of their choice by the 2024 elections."
Sep 26, 2023
In a ruling hailed by civil rights defenders as a "win for Black voters," the U.S. Supreme Court on Tuesday
declined to intervene in a case in which Alabama Republicans are openly defying a federal court's order to redraw the state's racially gerrymandered congressional map.
Evan Milligan, the lead plaintiff in the case, applauded Tuesday's ruling—in which no justices publicly dissented—as a "victory for all Alabamians" and "definitely a really positive step."
The state's Republican policymakers "basically said if you were Black in Alabama, your vote would count for less," Milligan told The Associated Press. "It was our duty and honor to challenge that."
U.S. Rep. Terri Sewell (D-Ala.) described the decision as "another big win for Alabama's Black voters."
Sherrilyn Ifill, the former head of the NAACP Legal Defense Fund (LDF), called the ruling "huge."
"I am darned near tearful with pride," she wrote on social media. "It takes so much to litigate these cases—often before hostile courts, with opposition that is unprincipled, and with naysayers all around."
The Brennan Center for Justice's Michael Li said in a statement that "after a string of remarkable victories, Black voters in Alabama are closer than ever to winning relief from discriminatory maps."
A 2022 order by a federal district court ruled that a new congressional map approved by Alabama's GOP-controlled Legislature and Republican Gov. Kay Ivey after the 2020 census diluted Black voting power because it contained just one majority African-American district. The court—which found that the maps violated Section 2 of the Voting Rights Act and the 14th Amendment—ordered the state to create a new plan with two Black "opportunity districts."
Alabama appealed to the U.S. Supreme Court, which in June ruled 5-4 in Allen v. Milligan—with right-wing Justices John Roberts and Brett Kavanaugh surprising many observers by joining their three liberal colleagues in the majority—to affirm the lower court's decision.
In response to Allen v. Milligan, Ivey convened a special legislative session to make a new map, which she approved in July, declaring that state lawmakers know "our people and our districts better than the federal courts or activist groups."
Despite court orders, Alabama Republicans' new congressional map—the Livingston Congressional Plan 3—lacked a second majority Black district. The map's sponsor, state Sen. Steve Livingston (R-8), said U.S. House Speaker Kevin McCarthy (R-Calif.) told him that he was "interested in keeping my majority."
A federal three-judge panel consisting of two appointees of former President Donald Trump and one appointee of former President Ronald Reagan subsequently blocked the new map, writing that "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."
Republican Alabama Secretary of State Wes Allen then asked the Supreme Court to intervene in the case again. In a brief, Allen lamented that Alabama "has been maligned as engaging in 'open rebellion'" for defying multiple federal court orders.
The justices' denial on Tuesday allows an effort to replace the rigged map to continue.
On Monday, a special master appointed by the district court submitted three proposals for a new congressional map in Alabama. One of them will be chosen as the state's map for the 2024 elections. A three-judge panel has tentatively scheduled an October 3 hearing to consider the maps.
LDF president and director-counsel Janai Nelson said on social media that "all maps proposed by the special master would allow Black Alabamians the opportunity to elect a candidate of their choice in two congressional districts in the state."
Tuesday's ruling follows the Supreme Court's June decision to allow the redrawing of Louisiana's racially gerrymandered congressional map—a move that will add a second majority-Black district in the Southern state where 1 in 3 residents are African-American.
The ruling also comes amid a battle over Florida's congressional map, drawn by the office of Republican Gov. Ron DeSantis—a 2024 presidential candidate—and approved last year by the state's GOP-controlled Legislature. Earlier this month, a state judge ruled that the redistricting plan is an unconstitutional dilution of Black voters' ability to vote for the legislator of their choice and ordered the map redrawn.
The case will now head to the Florida Supreme Court, where a majority of justices are DeSantis appointees.
Keep ReadingShow Less
Alabama Voters Prep for Another Map Fight After Republicans Flout SCOTUS Ruling
A group of plaintiffs pledged not to rest until the state "complies with the Voting Rights Act and enacts a map with two districts where Black voters have a real opportunity to elect their candidates of choice."
Jul 23, 2023
Voters in Alabama are preparing for another legal battle after the state's GOP-dominated Legislature and Republican Gov. Kay Ivey on Friday approved new congressional districts that critics say defy a surprising recent decision from the U.S. Supreme Court.
The latest map "is really a slap in the face, not only to Black Alabamians but to the Supreme Court," state Rep. Barbara Drummond (D-103) asserted during a floor debate this week, according toABC News.
Legal experts and voting rights advocates were shocked last month when two right-wing members of the high court joined the three liberal justices for a ruling in Allen v. Milligan that sided with Black voters who argued that Alabama's map was racially gerrymandered by the state's GOP legislators in violation of the federal Voting Rights Act (VRA).
"Following the U.S. Supreme Court order, I called the Alabama Legislature into a special session to readdress our congressional map," Ivey said Friday. "The Legislature knows our state, our people, and our districts better than the federal courts or activist groups, and I am pleased that they answered the call, remained focused, and produced new districts ahead of the court deadline."
Meanwhile, Scott Douglas, executive director at Greater Birmingham Ministries, one of the Allen plaintiffs, declared Friday that "Alabama lawmakers appear hell-bent on preventing Black voters from fully participating in the democratic process and they are blatantly ignoring their constituents, federal law, and the highest court of the land to disenfranchise us."
"Alabama lawmakers appear hell-bent on preventing Black voters from fully participating in the democratic process."
The plaintiffs from Allen—represented by the Alabama and national ACLU, the Legal Defense Fund, and two law firms—have already pledged to challenge the updated map, which was sponsored by state Sen. Steve Livingston (R-8) and does not include a second majority-Black district.
"Let's be clear: The Alabama Legislature believes it is above the law. What we are dealing with is a group of lawmakers who are blatantly disregarding not just the Voting Rights Act, but a decision from the U.S. Supreme Court and a court order from the three-judge district court," the plaintiffs said Friday in a joint statement.
"Even worse, they continue to ignore constituents' pleas to ensure the map is fair and instead remain determined to rob Black voters of the representation we deserve. We won't let that happen," they added. "Since the beginning of the redistricting process, we have testified before the state Legislature, sent letters, and proposed maps—then we sued to defend Black representation and won. We will not rest until the state of Alabama complies with the Voting Rights Act and enacts a map with two districts where Black voters have a real opportunity to elect their candidates of choice and the Legislature fulfills its duty to obey the law."
A federal court hearing about the new districts is set for August 14. As The Associated Pressreported Saturday:
The state's Republican legislative supermajority boosted the percentage of Black voters in the majority-white 2nd Congressional District, now represented by Republican Rep. Barry Moore, from about 31% to almost 40%. The plan also dropped the Black voting-age population in the state's sole majority Black district, now represented by Democratic Rep. Terri Sewell, to 50.65%.
[...]
Republicans, who have been reluctant to create a Democratic-leaning district, are gambling that the court will accept their proposal or that the state will prevail in a second round of appeals.
The office of Republican Alabama Attorney General Steve Marshall claimed that "the Legislature's new plan fully and fairly applies traditional principles in a way that complies with the Voting Rights Act."
"Contrary to mainstream media talking points, the Supreme Court did not hold that Alabama must draw two majority-minority districts," the office added. "Instead, the court made clear that the VRA never requires adoption of districts that violate traditional redistricting principles."
However, Sewell said in a statement that "the Supreme Court was very clear... This map does not comply with the Supreme Court's order and is an insult to Black voters across our state. I fully expect that it will be rejected by the courts."
If a three-judge panel finds that the Alabama districts approved Friday violate the VRA, it can appoint a special master to draw another map. Political boundaries for the 2024 election could help determine who has a majority in the U.S. House of Representatives, which is now narrowly controlled by the fractured Republican Party.
Citing GOP attacks on voting rights, Democrats in the U.S. House and Senate on Tuesday reintroduced the Freedom to Vote Act—a move that was widely praised by democracy defenders, even though the bill is unlikely to pass this session given current divisions in Congress.
Keep ReadingShow Less
Most Popular