In an unfolding saga that has legal professionals across the country closely following its developments, a panel of three federal judges this week rejected a plea from Alabama officials for racial gerrymandering, a long-debated practice under US voting law.
The request was made by Alabama Secretary of State Wes Allen and is part of the ongoing voting rights case, Milligan v. Allen. As the named defendant in the case, Allen made an emergency motion to stay to the panel’s order to redraw the state’s electoral maps. However, the judges voiced strong disapproval of this move, with a particularly scathing criticism of Allen’s claim that he was more or less guaranteed to succeed in his arguments on appeal.
The ongoing case has been victory for proponents of the Voting Rights Act, particularly Section 2, which was upheld in a Supreme Court ruling in June. The decision enforced Alabama’s obligation to create an additional Black Opportunity District, where African American residents could feasibly elect their preferred candidates. The court order was effectuated by Justice Kavanaugh, who, in a reversal of stance, joined Chief Justice Roberts and three other liberal Justices in upholding the last remnant of the VRA.
Yet, despite the court order, Alabama’s lawmakers failed to carry out their responsibility of producing a legally compliant redistricting plan, causing more friction with the judges. The state was to create a new map providing realistic opportunities for black voters, an order Governor Kay Ivey seemingly disregarded when she voiced support for the legislature’s non-compliant redistricting plan.
This blatant disregard for the court order incited the judges to issue an injunction. In their ruling, they noted that the state has not added the needed additional opportunity district to the plan. This has led the court to appoint a special master to oversee the production of legally compliant maps, a decision Allen quickly appealed to both the Eleventh Circuit and the Supreme Court.
The debate around this case clearly demonstrates the ongoing issues surrounding racial representation under U.S. voting laws. The imposition of fair maps 14 months prior an election is seen by many as a test for Justice Kavanaugh and, by extension, the Supreme Court’s dedication to uphold the Voting Rights Act.
For complete information and details about the case, you can visit Milligan v. Allen’s docket.