A panel of federal judges has struck down Alabama’s redrawn congressional map, saying the state clearly continued to violate the Voting Rights Act and had ignored a clear mandate from the federal judiciary to increase the political power of Black voters in the state.
The panel said a court-appointed special master and cartographer would draw a new map before the 2024 election. Alabama is expected to appeal the decision to the US supreme court, which upheld an earlier ruling ordering the state to redraw its map.
The decision is a win for Black voters in Alabama, who have long had their political influence cracked among several congressional districts.
“We do not take lightly federal intrusion into a process ordinarily reserved for the state legislature,” the panel wrote. “But we have now said twice that this Voting Rights Act case is not close.
“The law requires the creation of an additional district that affords Black Alabamians, like everyone else, a fair and reasonable opportunity to elect candidates of their choice.”
Analyses have shown voting in Alabama is highly racially polarized – Black voters prefer Democrats while white voters prefer Republicans. So an additional majority-Black district is likely to favor a Democratic congressional candidate in a general election. Kevin McCarthy, the Republican speaker of the House, was in touch with Alabama Republicans while they redrew their map as he prepares to try to hold on to the narrow advantage Republicans have in the US House next year.
The order on Tuesday strikes down a remedial map Alabama Republicans passed earlier this summer after the three-judge panel ruled the congressional plan that the state passed in 2021 violated the Voting Rights Act.
Black people comprise about a quarter of the eligible voting population in Alabama, but they were a majority in only one of the state’s seven congressional districts. Plaintiffs showed it was easy to draw a reasonably configured second majority-Black district that stretched across the Black belt, a rural swath of Black voters in Alabama that is one of the poorest regions in the US. The three-judge panel told the state last year it needed to draw a map that had a second-majority Black district “or something quite close to it”. The US supreme court agreed in June.
But Alabama lawmakers did not appear to make much of an effort to comply with the ruling. The new map they enacted still had one majority-Black district and a second one that was only about 41% Black.
“We are disturbed by the evidence that the state delayed remedial proceedings but ultimately did not even nurture the ambition to provide the required remedy,” the three-judge panel wrote on Tuesday. “And we are struck by the extraordinary circumstance we face.
“We are not aware of any other case in which a state legislature – faced with a federal court order declaring that its electoral plan unlawfully dilutes minority votes and requiring a plan that provides an additional opportunity district – responded with a plan that the state concedes does not provide that district.”
The decision was unanimous from Stanley Marcus, an appellate judge on the 11th circuit, as well as US district judges Anna Manasco and Terry Moorer. Marcus was appointed by President Bill Clinton while Manasco and Moorer were appointed by Donald Trump.
“Once again, Alabama has openly defied our laws in order to disenfranchise Black voters. Thankfully, the district court has rejected Alabama’s defiance. The court has once again confirmed that Black voters deserve two opportunity districts. We look forward to ensuring that the special master draws a map that provides Black voters with the full representation in Congress that they deserve,” said Deuel Ross, an attorney with the NAACP Legal Defense and Educational Fund, that represents some of the challengers in the case, which include Alabama voters and civic action groups.
The court-appointed special master, Richard Allen, a former deputy chief attorney general and commissioner of the Alabama department of corrections. The cartographer is David Ely, a California-based redistricting expert who has advised numerous states and localities on redistricting issues.
The court gave the two men until 25 September to come up with three proposals that “include either an additional majority-Black congressional district, or an additional district in which Black voters otherwise have an opportunity to elect a representative of their choice”. Their proposals must also comply with the Voting Rights Act and other constitutional requirements.
“Sixty years ago, former governor George Wallace stood in the schoolhouse door to stop Black people from desegregating the University of Alabama. He moved only when the federal government forced him to do so. History is repeating itself and the district court’s decision confirms that Alabama is again on the losing side. We demand that Alabama again move out of the way and obey our laws – we demand our voting rights,” groups representing the plaintiffs said in a joint statement.
Source: US Politics - theguardian.com
