The Supreme Court allowed Alabama to use a congressional map favoring Republicans in this year’s elections, blocking a lower court ruling that the redistricting plan intentionally discriminates against Black people.
The justices granted the state’s emergency appeal to use a map it adopted three years ago that has a majority-Black population in just one of its seven congressional districts. The three liberal justices dissented.
The high-court order is the latest development in a redistricting frenzy that is part of a broader push by President Donald Trump to try to hold on to Republicans’ slim House majority in the November elections. It comes a day before an important deadline that Republican Gov. Kay Ivey had already extended in the state’s desire to use the map in special primary elections in August.
The state’s Republican leadership went to the Supreme Court last week, the day after a three-judge court refused to let the state use its preferred map.
The lower court had ordered Alabama to use the same court-drawn map it used in the 2024 elections that sent two Black Democrats to Congress. Black residents comprise a majority or close to it in two of the state’s seven congressional districts.
"The Supreme Court’s decision gives cover to Alabama and others to deliberately and openly discriminate against Black voters without fear of any consequence. The Court’s shameless decision to reinstate an intentionally racially discriminatory map defies any thoughtful or consistent application of the law,” Deuel Ross, director of litigation for the NAACP Legal Defense Fund, said Tuesday night.
He said the fund will “continue to throw all of our resources into the fight to ensure that Alabama voters have the fair representation that they deserve.”
Shortly after the court acted, Ivey confirmed that the state will use the map in special congressional primaries in four districts on Aug. 11.
“The U.S. Supreme Court confirmed what I have said all along and that is that Alabama knows our state, our people and our districts best. Today’s decision is a win for the people of Alabama and our elections. Alabama is doing our part to keep America strong, and I am proud our state continues to fight the fight to ensure activists do not get the final say,” Ivey said.
“I will see y’all at the polls August 11!” she said.
The order is the latest development in the fallout from last month’s Supreme Court ruling that struck down a Black-majority district in Louisiana and weakened the federal Voting Rights Act. That ruling has led Republicans in several Southern states, including Alabama, to take steps to reshape voting districts with large minority populations that have elected Democrats.
The Alabama cases stretches back several years. The three-judge panel in 2023 ruled that a map drawn by Republican state lawmakers intentionally diluted the voting power of Black citizens. The court said the state, which is about 27% Black, should have two districts where Black voters are the majority or close to it.
After the Supreme Court’s recent ruling in the Louisiana case, Alabama officials moved to implement the 2023 state-drawn map. The Supreme Court’s conservative majority agreed to lift the injunction that had blocked the map’s use and sent the case back to the three-judge panel for reconsideration in light of the Louisiana ruling.
In the meantime, voters cast ballots in Alabama’s May 19 primaries, and Ivey set the new special August primaries in the districts affected by the map switch.
Upon further review, the judicial panel said it was standing behind its initial finding that there was “undisputed evidence” of intentional racial discrimination.
It said the special congressional primaries should instead proceed under the previous court-approved districts.
The panel was wrong, the high court’s conservative majority wrote in an unsigned opinion that said the lower court “did not heed the presumption of legislative good faith.”
In dissent, Justice Sonia Sotomayor chastised her colleagues for enabling what promises to be “a chaotic election, held under a never-before-used congressional map that intentionally discriminates against Black Alabamians.”
The use of the court-ordered map led to the 2024 election of U.S. Rep. Shomari Figures, a Black Democrat. The map put into place by Tuesday’s order gives the GOP an opportunity to reclaim the south Alabama seat.
