A three-judge panel from the US District Court Northern District of Alabama has once more overturned the Alabama legislature’s proposed congressional map. This decision maintains that the existing map continues to exhibit signs of racial gerrymandering and likely infringes upon Section Two of the Voting Rights Act. Interestingly, this recall represents the second instance where the panel has stricken a suggested congressional map for Alabama during the course of this case.
The recent order from the panel bars the state of Alabama from using the proposed 2023 map, indicating that it sustains the same Section 2 violations identified in previous litigation. As a result, the court has issued a directive that a Special Master must be appointed to redraw the congressional map due to the impending congressional elections.
Richard Allen has been appointed as the Special Master to guide the drafting of new maps along with a seasoned redistricting team. Detailed in the Order Instructing the Special Master, Allen is required to draft three proposed congressional maps by September 25. Once drafted, both the state of Alabama and involved parties, including Alabama voters and special interest groups that initially brought the case, will conduct a hearing to present any objections to the proposed maps on October 3.
The case in question, Allen v. Milligan, has been subject to prolonged legal proceedings. It has not only appeared before the same judicial panel previously, but has also been addressed in the US Supreme Court. The Supreme Court ruled in June that the plaintiffs had demonstrated a reasonable likelihood of prevailing in the case and upheld the jury’s earlier injunction. It also affirmed the fact that Section 2 of the Voting Rights Act is applicable and constitutional. However, the Alabama legislature again drew the congressional map with only one majority black district in July, in spite of the Supreme Court ruling.
Considering these developments, Alabama’s state attorney general spokesperson, Amanda Priest, has stated that the state plans to seek another review before the US Supreme Court.
More about the issue is available here.