Court Rejects Alabama House Map, Calling It Unfair to Black Voters

cigaretteman

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May 29, 2001
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A panel of federal judges on Tuesday rejected Alabama’s effort to use a new voting map for the November midterm elections, saying that the districts discriminated against Black people and could not be used so shortly before a vote.
The state is likely to appeal the decision. Gov. Kay Ivey, a Republican, has already set special primaries in August in four House districts that would be affected by a new congressional map.
The ruling further confuses the electoral landscape across the South, as Republican-led legislatures have raced to implement new district lines after the Supreme Court weakened the Voting Rights Act of 1965. It also demonstrates how the ruling from the nation’s highest court has further muddled how lower courts interpret the landmark civil rights law.
“We cannot see our way clear to requiring Alabamians to cast their votes in the 2026 elections under a districting plan tainted by intentional race-based discrimination,” the panel of three judges wrote in a lengthy ruling. It also warned against causing voters additional confusion by trying to use a new map before the November elections.



The court, the panel wrote, was “painfully aware of the gravity of our ruling.” But, it added, “we do not find the issue particularly complex or close.”


https://www.nytimes.com/2026/05/26/us/politics/alabama-congress-map-redistricting.html?campaign_id=60&emc=edit_na_20260526&instance_id=176182&nl=breaking-news&regi_id=18642764&segment_id=220476&user_id=1a23459ba3aa8d11f8a0773961d7d168
 

Aardvark86

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Oct 12, 2021
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Good pick, cigman...

Took a quick scroll through, and a few reactions. Solid and detailed opinion.

1. Interesting that the panel began by invoking the Purcell principle (no last minute changes before elections). Interesting because it is a potential 'stake in the ground' as to all of the other redistricting litigation out there, some of which I think is even later in the process than Alabama.
2. AL is a bit of an interesting case in that it had already been found to have engaged in intentional discrimination, which is a requirement for race based redistricting under Callais. In that respect, it may not be as transferable to some of the other states where cases are pending. What is sort of refreshing here is that the panel continued to analyze the intent issue not just on the basis of the statistical probability of the map, but also on the process and qualitative statements in the record about cracking the so-called black belt region.
3. Also interesting that they actually said the record didn't actually contain evidence of partisan gerrymandering, which is sort of what Callais said can effectively override effect-based claims. That's a pretty low bar not to meet. I do wonder a bit whether they did a great job wrestling with the statistical conundrum associated with black/d correlation.
4. Though this is 11cir, not sure whether it'll be controlling as to FL, which involves state law claims, but the purcell analysis could prove relevant.
 

Aardvark86

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Oct 12, 2021
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Did you not hear their reasoning?

Obviously always tricky to attribute reasoning to a legislative "they", but I saw one very specific R-no quote to the effect that people have actually started voting, which is the essence of Purcell.

In separate news, I see that the TN district court has declined to block the TN law. Can't recall if this was the one where the argued that they were outside the scope of the governor's special session call, but if so, I didn't/don't think much of that line of argument either specifically or generally. (Edit: It looks like this was a decision on a request for stay or TRO, rather than a merits decision by a 3 judge panel)

So I guess the outstanding shoes (other than appeals) are FL, LA, and maybe MS???
 
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Aardvark86

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Finally found the (shockingly short) opinion. Very weak, and clearly kicking the can to the appellate courts.
1. Essentially said not enough evidence to show partisan intent conclusively at this stage (which is not really the standard for a pi), and pretty dubious given mapmaker statement he had used partisan data.
2. By doing so, avoided the states argument about nonseverability of the partisan gerrymandering restrictions
3. Then made a weird pi argument based on Purcell, to the effect that the remedy would be to have the legislature redraw the map again (rather than reverting to the older map, presumably, but not actually articulated, because the old map was invalid under callais) and there might not be enough time for that.

Some pretty cowardly gymnastics if you ask me.
 
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