Supreme Court will let Alabama's congressional map be redrawn

The Supreme Court on Tuesday allowed the drawing of a new Alabama congressional map with greater representation for Black voters to proceed. The new districts also could help Democrats trying to flip control of the House of Representatives.

The justices, without any noted dissent, rejected the state's plea to retain Republican-drawn lines that were turned down by a lower court.

In refusing to intervene, the high court allowed a court-appointed special master's work to continue. On Monday, he submitted three proposals that would create a second congressional district where Black voters comprise a majority of the voting age population or close to it.

The redrawing of the state's districts follows a June decision by the Supreme Court in which the state's congressional map that was drawn to reflect 2020 census results was found to dilute the voting power of the state's Black residents. The map, which was used in the 2022 midterm elections, had just one majority Black district out of seven seats in a state where Black residents make up more than a quarter of the population.

“This is a victory for all Americans, particularly voters of color, who have fought tirelessly for equal representation as citizens of this nation,” former U.S. Attorney General Eric Holder, chairman of the National Democratic Redistricting Committee, said of the decision.

Alabama Attorney General Steve Marshall struck a defiant pose even as he acknowledged a court-drawn map will be “imposed” on the state for use in next year's elections.

“There should be nothing more offensive to the people of our great state than to be sidelined in 2023 by a view of Alabama that is stuck in 1963,” Marshall, a Republican, said in a lengthy statement. “This racial agenda is pressed by left-wing activists, not just in Alabama, but in any Republican state where it might advantage Democrats.”

A second district with a Democratic-leaning Black majority could send another Democrat to Congress at a time when Republicans hold a razor-thin majority in the House of Representatives. Federal lawsuits over state and congressional districts also are pending in Georgia, Louisiana and Texas.

Stark racial divisions characterize voting in Alabama. Black voters overwhelmingly favor Democratic candidates, and white voters prefer Republicans.

The lead plaintiff in the redistricting case, Evan Milligan, called Tuesday's ruling a “victory for all Alabamians” and said it puts the state closer to a map that provides fair representation. “It's definitely a really positive step,” Milligan said in a telephone interview.

A three-judge panel has scheduled a hearing next week on proposed plans submitted by Richard Allen, the lawyer appointed by the judges. Allen's three proposals would alter the boundaries of Congressional District 2 so that Black voters comprise between 48.5% and 50.1% of the voting-age population, a shift that could put the seat in Democratic hands.