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A pivotal court hearing is set for Friday, which will decide the future of Alabama’s congressional map ahead of the upcoming midterm elections.
Alabama’s Republicans are advocating for the reinstatement of a map that would eliminate the state’s second majority-Black district, potentially giving the GOP a new seat in Congress.
The Republicans argue that this restoration is justified based on the Supreme Court’s recent ruling that narrowed the scope of the Voting Rights Act. Meanwhile, a coalition of organizations and Black voters is fighting to keep the Republican-drafted map blocked.
“Plaintiffs underestimate the complexity of the task they are asking this Court to undertake just before Alabama’s elections,” stated Alabama Attorney General Steve Marshall’s office in their legal submissions.
Alabama is among several states revisiting redistricting strategies following the Supreme Court’s 6-3 ruling last month. This decision has limited a key element of the Voting Rights Act that has historically been used to create more districts with majority-minority populations.
Alabama Republicans’ design was previously invalidated under the landmark law, and the courts took over redistricting. But in the wake of the high court’s decision, the justices lifted the block in Alabama.
That means Alabama Republicans’ 2023 map is technically restored, as of now. On Friday, a three-judge panel in Birmingham, Ala., will hear a request to block it again from the challengers who’ve been fighting in court for years.
“The Court should reject Alabama’s heated rhetoric and sweeping assertions in favor of the record and evidence this Court knows all too well,” one group of challengers wrote in court filings.
At stake is a potential GOP pickup opportunity. Republicans want to redraw the Black-majority district currently held by Rep. Shomari Figures (D-Ala.)
“I’m not so sure it’s going to go through. I haven’t looked at it that much,” Sen. Tommy Tuberville (R-Ala.) told reporters earlier this week.
“It’s all back in the courts and we’ll let them handle it the way they see fit. They’re like the referees at the football game. They’re the ones who are supposed to keep it fair,” he added.
The case comes at a time when both parties are hoping to redraw voting maps to boost their chances of controlling the House.
A mid-decade redistricting war began at President Trump’s urging last year in Texas, where Republicans added up to five pickup opportunities. Democrats followed suit in California, while their proposal in Virginia was blocked in court.
If Alabama Republicans can get their design greenlit, it would add to recent GOP wins on redistricting in states like Louisiana, Florida and Tennessee.
The three-judge panel consists of U.S. Circuit Judge Stanley Marcus, an appointee of former President Clinton, and U.S. District Judge Anna Manasco and U.S. District Judge Terry Moorer, who were both appointed by Trump.
They’ve directed Alabama Director of Elections Jeff Elrod to be ready to testify.
The map challengers point to the court’s previous finding that Alabama Republicans’ map intentionally discriminated on the basis of race in violation of the 14th Amendment. The challengers insist it is unaffected by the justices’ Voting Rights Act decision.
“Plaintiffs therefore are not only likely but certain to prevail once again on the merits of their constitutional claim,” one group of challengers wrote.
Alabama disagrees. The state says the Supreme Court’s ruling undercuts the previous ruling “in every respect.”
And even if the challengers could still succeed, the state says it’s now too close to the election. It emphasizes the Supreme Court took quick action to lift the block so Republicans could redistrict.
“The Court removed the impediment to the 2023 Plan from this Court’s injunctions, and it did so quickly—knowing full well that early voting had begun in Alabama, that the State planned to hold elections under the 2023 Plan,” Alabama wrote in court filings.