Supreme Court allows Alabama GOP-backed congressional map for midterms

Supreme Court Allows Alabama to Use 2023 Congressional Map in Midterm Elections

The Supreme Court on Tuesday issued an emergency order permitting Alabama to use its 2023 congressional redistricting map for the November midterm elections. The 6-3 decision grants the state’s request to proceed with the legislature-adopted plan that contains one majority-Black district, overriding a lower court’s recent block of that map. The court’s three liberal justices dissented.

The ruling follows the Supreme Court’s May action vacating a prior lower court decision that had prevented use of the 2023 map and remanding the case for further proceedings. Last week, a three-judge federal district court panel again enjoined the map and directed Alabama to retain a court-drawn configuration with two districts in which Black voters constitute a majority or have an opportunity to elect their preferred candidates. Alabama Gov. Kay Ivey announced that the state’s Aug. 11 special primary would be conducted under the 2023 map.

In an unsigned opinion, the majority stated that Alabama had shown a strong likelihood of irreparable harm and that the balance of equities and public interest supported allowing the map’s use. The opinion also cited the court’s prior warnings against altering election rules close to an election date. Alabama had argued that the district court’s remedial map improperly prioritized race over traditional redistricting criteria such as compactness and respect for political subdivisions.

A three-judge federal district court had ruled after trial that the 2023 map was enacted with racially discriminatory intent in violation of the 14th Amendment. That finding formed the basis for the injunction the Supreme Court has now stayed for the current election cycle. Voting-rights advocates had contended that the map diluted Black voting strength by reducing the number of districts offering Black voters an opportunity to elect candidates of their choice from two to one.

Gov. Ivey issued a statement welcoming the decision. “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,” she said. “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. I will see y’all at the polls August 11!”

The redistricting dispute occurs against the backdrop of the Supreme Court’s recent decision in a Louisiana case that limited the consideration of race in drawing congressional districts. Alabama maintained that its 2023 map complied with that precedent, while opponents argued the map was drawn to minimize Black voters’ influence.

Justice Sonia Sotomayor filed a dissent joined by the other two liberal justices. She wrote that the court faced two options: one preserving an established map under which Black Alabamians’ voting rights were protected and with which officials and voters were familiar, and another imposing a new map that she described as intentionally discriminatory. Sotomayor stated that the majority had chosen the latter path, disregarding democratic values and the rule of law by permitting changes to voter registrations on short notice.

The American Civil Liberties Union Voting Rights Project also criticized the order. Deputy Director Davin Rosborough said the ruling delays relief for voters who have spent years seeking an equal opportunity to elect candidates of their choice. He added that the organization would continue litigation to secure those opportunities for its clients and Black Alabamians.

The 2023 map was adopted by the Republican-controlled Alabama Legislature after the 2020 census. It replaced an earlier court-drawn plan that had included two districts with Black voting-age populations sufficient to elect preferred candidates. The state’s congressional delegation currently consists of six Republicans and one Democrat. The 2023 configuration is projected by analysts to produce seven Republican-leaning districts.

Fox News Digital’s Adam Pack and The Associated Press contributed to this report.