Redistricting and Reapportionment

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      When It Comes to Disdain for Democracy, Trump Has Company

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      It makes perfect sense to treat Donald Trump as the most immediate threat to the future of American democracy. He has an ambitious plan to turn the office of the presidency into an instrument of “revenge” against his political enemies and other supposedly undesirable groups.But while we keep our eyes on Trump and his allies and enablers, it is also important not to lose sight of the fact that anti-democratic attitudes run deep within the Republican Party. In particular, there appears to be a view among many Republicans that the only vote worth respecting is a vote for the party and its interests. A vote against them is a vote that doesn’t count.This is not a new phenomenon. We saw a version of it on at least two occasions in 2018. In Florida, a nearly two-thirds majority of voters backed a state constitutional amendment to effectively end felon disenfranchisement. The voters of Florida were as clear as voters could possibly be: If you’ve served your time, you deserve your ballot.Rather than heed the voice of the people, Florida Republicans immediately set out to render it moot. They passed, and Gov. Ron DeSantis signed, a bill that more or less nullified the amendment by imposing an almost impossible set of requirements for former felons to meet. Specifically, eligible voters had to pay any outstanding fees or fines that were on the books before their rights could be restored. Except there was no central record of those fees or fines, and the state did not have to tell former felons what they owed, if anything. You could try to vote, but you risked arrest, conviction and even jail time.In Wisconsin, that same year, voters put Tony Evers, a Democrat, into the governor’s mansion, breaking eight years of Republican control. The Republican-led Legislature did not have the power to overturn the election results, but the impenetrable, ultra-gerrymandered majority could use its authority to strip as much power from the governor as possible, blocking, among other things, his ability to withdraw from a state lawsuit against the Affordable Care Act — one of the things he campaigned on. Wisconsin voters would have their new governor, but he’d be as weak as Republicans could possibly make him.It almost goes without saying that we should include the former president’s effort to overturn the results of the 2020 presidential election as another example of the willingness of the Republican Party to reject any electoral outcome that doesn’t fall in its favor. And although we’ve only had a few elections this year, it doesn’t take much effort to find more of the same.I’ve already written about the attempt among Wisconsin Republicans to nullify the results of a heated race for a seat on the state Supreme Court. Voters overwhelmingly backed the more liberal candidate for the seat, Janet Protasiewicz, giving the court the votes needed to overturn the gerrymander that keeps Wisconsin Republicans in power in the Legislature even after they lose a majority of votes statewide.In response, Wisconsin Republicans floated an effort to impeach the new justice on a trumped-up charge of bias. The party eventually backed down in the face of national outrage — and the danger that any attempt to remove Protasiewicz might backfire electorally in the future. But the party’s reflexive move to attempt to cancel the will of the electorate says everything you need to know about the relationship of the Wisconsin Republican Party to democracy.Ohio Republicans seem to share the same attitude toward voters who choose not to back Republican priorities. As in Wisconsin, the Ohio Legislature is so gerrymandered in favor of the Republican Party that it would take a once-in-a-century supermajority of Democratic votes to dislodge it from power. Most lawmakers in the state have nothing to fear from voters who might disagree with their actions.It was in part because of this gerrymander that abortion rights proponents in the state focused their efforts on a ballot initiative. The Ohio Legislature may have been dead set on ending abortion access in the state — in 2019, the Republican majority passed a so-called heartbeat bill banning abortion after six weeks — but Ohio voters were not.Aware that most of the voters in their state supported abortion rights, and unwilling to try to persuade them that an abortion ban was the best policy for the state, Ohio Republicans first tried to rig the game. In August, the Legislature asked voters to weigh in on a new supermajority requirement for ballot initiatives to amend the State Constitution. If approved, this requirement would have stopped the abortion rights amendment in its tracks.It failed. And last week, Ohioans voted overwhelmingly to write reproductive rights into their State Constitution, repudiating their gerrymandered, anti-choice Legislature. Or so they thought.Not one full day after the vote, four Republican state representatives announced that they intended to do everything in their power to nullify the amendment and give lawmakers total discretion to ban abortion as they see fit. “This initiative failed to mention a single, specific law,” their statement reads. “We will do everything in our power to prevent our laws from being removed upon perception of intent. We were elected to protect the most vulnerable in our state, and we will continue that work.”Notice the language: “our power” and “our laws.” There is no awareness here that the people of Ohio are sovereign and that their vote to amend the State Constitution holds greater authority than the judgment of a small group of legislators. This group may not like the fact that Ohioans have declared the Republican abortion ban null and void, but that is democracy. If these lawmakers want to advance their efforts to restrict abortion, they first need to persuade the people.To many Republicans, unfortunately, persuasion is anathema. There is no use making an argument since you might lose. Instead, the game is to create a system in which, heads or tails, you always win.That’s why Republican legislatures across the country have embraced partisan gerrymanders so powerful that they undermine the claim to democratic government in the states in question. That’s why Republicans in places like North Carolina have adopted novel and dubious legal arguments about state power, the upshot of which is that they concentrate power in the hands of these gerrymandered state legislatures, giving them total authority over elections and electoral outcomes. And that’s why, months before voting begins in the Republican presidential contest, much of the party has already embraced a presidential candidate who promises to prosecute and persecute his political opponents.One of the basic ideas of democracy is that nothing is final. Defeats can become victories and victories can become defeats. Governments change, laws change, and, most important, the people change. No majority is the majority, and there’s always the chance that new configurations of groups and interests will produce new outcomes.For this to work, however, we — as citizens — have to believe it can work. Cultivating this faith is no easy task. We have to have confidence in our ability to talk to one another, to work with one another, to persuade one another. We have to see one another, in some sense, as equals, each of us entitled to our place in this society.It seems to me that too many Republicans have lost that faith.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Democrats Plan to Spend Millions to Weaken Republican Supermajorities

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      The party is targeting states with Democratic governors but overwhelming Republican legislative control, effectively battling to win back veto power.Democrats are planning to spend millions of dollars next year on just a few state legislative elections in Kansas, North Carolina, Kentucky and Wisconsin — states where they have little to no chance of winning control of a chamber.Yet what might appear to be an aimless move is decidedly strategic: Democrats are pushing to break up Republican supermajorities in states with Democratic governors, effectively battling to win back the veto pen district by district. Such supermajorities result when a single political party has enough votes in both chambers of a legislature to override a governor’s veto, often, though not always, by controlling two-thirds of the chamber.The extraordinary political dissonance of having a governor of one party and a supermajority of an opposing party in the legislature is one of the starkest effects of gerrymandering, revealing how parties cling to evaporating power.As gerrymanders built by both parties for decades have tipped the scales to favor the party of the map-drawers, legislative chambers have proved resistant to shifting political winds at the state level. At times, those gerrymanders have locked in minority rule in legislatures while statewide offices, like the governor’s, adhere to the desires of a simple majority of voters.Though both parties employed aggressive gerrymanders during the last round of redistricting in 2021, Republicans entered the cycle with a distinct advantage: In 2010, G.O.P.-controlled state legislatures across the country drew aggressive gerrymanders in state governments. Democrats were caught off guard.“The bottom fell out,” said Heather Williams, the interim president of the Democratic Legislative Campaign Committee. “And we’ve been building back since then.”As a result, Republicans now control resilient supermajorities in Kansas, North Carolina and Kentucky, even as Democrats hold the executive branch. And in Wisconsin, Republicans control a supermajority of the State Senate, which can act unilaterally on issues like impeachment, and are just two seats shy of a supermajority in the State Assembly, though last year Gov. Tony Evers, a Democrat, won re-election.The Democratic Legislative Campaign Committee has committed “more than seven figures” of its initial $60 million budget for 2024 to breaking up these four supermajorities, with the caveat that redistricting efforts in North Carolina and Wisconsin could shift resources. “Republicans in these legislatures are not moderate,” Ms. Williams said. “They are governing very extremely, and we need a stopgap, and it is critical that governors have veto power where their legislature and their legislative maps are so gerrymandered.”The only example where the parties are flipped is in Vermont, where a Democratic supermajority in the legislature overrode multiple vetoes by Gov. Phil Scott, a Republican, this year. And in Nevada, Democrats control a supermajority of the State Assembly and are just one vote shy of a supermajority in the State Senate, while Gov. Joe Lombardo, a Republican, was elected in 2022.A spokesman for the Republican State Leadership Committee did not respond to questions about similar strategies for Republicans.Though Democrats have occasionally ventured into conservative-leaning legislative districts, such an extensive foray into fairly hostile territory will be a new challenge, particularly in deeply red states like Kansas where Democratic voters are often ignored during better-funded national campaigns for president. Recruiting candidates to serve in the minority, rather than to play a role in flipping a chamber — a more energizing prospect — can also pose a challenge.But while state legislative elections are often defined by issues as hyperlocal as a traffic intersection or funding for an after-school program, Democrats are also hoping that one critical national issue will help them: abortion.Despite President Biden’s persistent unpopularity, Democrats last week took back the Virginia General Assembly and won the governor’s race in deep-red Kentucky, as well as a majority of this year’s special elections, largely because abortion access was a motivating issue.On the heels of the Supreme Court’s decision to overturn Roe v. Wade last year, Kansas voters rejected an amendment that would have effectively eliminated abortion in the state. But in the Legislature, dominated by Republicans, “we had 21 different bills come up in committee trying to restrict abortion access,” said Jeanna Repass, the chair of the Kansas Democratic Party. “So what that has taught us is that if we can get the messaging out to people, we can get them interested in the fact that they’re not being represented by their legislators.”“When I’m out, I hit them hard with abortion, our public schools and Medicaid, and in that order,” Ms. Repass added.As Democrats invest in trying to climb out of superminority positions, they will face some deep-pocketed state Republicans. Robert Reives, the Democratic minority leader in the North Carolina General Assembly, pointed to two races in 2022 that featured Republican candidates spending roughly $800,000 each to defeat Democratic incumbents.“They had the benefit of having two billionaires that kind of financed a lot of the top line of the campaign and then just kind of went from there,” Mr. Reives said. “Unfortunately, we don’t have billionaires on our side to do that.”Mr. Reives was confident that even with newly drawn maps favoring Republicans, the Democrats would have a chance of breaking the supermajority in the state in 2024, focusing on urban areas like Wake County, home to Raleigh. And he said that while abortion would inevitably be a factor in coming elections, the hyperlocal issue of authorizing casinos in the state is likely to help Democrats claw back a few seats.“They were literally going against every constituency,” Mr. Reives said, referring to broad opposition to casino expansion. Even some Republicans objected to it.One path for Democrats to win back their veto pens can be found in eastern Wisconsin.In 2022, Democrats stared down gerrymandered maps that raised the possibility of a Republican supermajority even as Mr. Evers, the Democratic governor, cruised to a re-election victory.As returns trickled into the party headquarters in Madison, party officials breathed a sigh of relief when Steve Doyle, a 10-year incumbent from La Crosse, defeated his Republican challenger by 756 votes. His race was won not on the airwaves or even necessarily just on the issues, but on the pavement, as Mr. Doyle undertook an extensive door-knocking campaign to meet all of his voters, according to Greta Neubauer, the Democratic minority leader in the Wisconsin Assembly.“This is a Trump-won district that Democrats at the top of the ticket struggle to win,” Ms. Neubauer said. “But he spends a lot of time on his acquisition of voters, and constantly fending off attempts to take him out.” More

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      North Carolina Republicans’ Gerrymandered Map Could Flip at Least Three House Seats

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      The gerrymandered congressional map, made possible by a new G.O.P. majority on the state Supreme Court, ensures Republican dominance in a closely divided state.Republicans in North Carolina approved a heavily gerrymandered congressional map on Wednesday that is likely to knock out about half of the Democrats representing the state in the House of Representatives. It could result in as much as an 11-3 advantage for Republicans.The State House, controlled by a Republican supermajority, voted for the new lines a day after the State Senate approved them. Gov. Roy Cooper of North Carolina, a Democrat, cannot veto redistricting legislation.The map creates 10 solidly Republican districts, three solidly Democratic districts and one competitive district. Currently, under the lines drawn by a court for the 2022 election, each party holds seven seats.The new lines ensure Republican dominance in a state that, while leaning red, is closely divided. President Donald J. Trump won it by just over a percentage point in 2020, and Republicans won the last two Senate elections by two and three points.The Democratic incumbents who have been essentially drawn off the map are Representatives Jeff Jackson in the Charlotte area, Kathy Manning in the Greensboro area and Wiley Nickel in the Raleigh area. A seat held by a fourth Democrat, Representative Don Davis, is expected to be competitive.“If either of these maps become final, it means I’m toast in Congress,” Mr. Jackson said in a video on X last week after the release of two draft maps, one of which became the final product. “This is the majority party in the state legislature in North Carolina basically saying, ‘We want another member of our party in Congress, so we’re going to redraw the map to take out Jeff.’”On Thursday, he announced that he would run for attorney general of North Carolina “to fight political corruption,” a label he applied to the gerrymandered maps.Mr. Nickel, who won a close race last year, was also defiant.“I don’t want to give these maps credibility by announcing a run in any of these gerrymandered districts,” he said on X. “The maps are an extreme partisan gerrymander by Republican legislators that totally screw North Carolina voters. It’s time to sue the bastards.”Ms. Manning did not announce specific plans but said she was “not willing to let these partisan maps take away my constituents’ right to representation.” She criticized Republicans for diluting voters in Guilford County, which includes Greensboro, by dividing them among three districts that also include distant parts of the state.Republicans openly acknowledged the advantage they were drawing for themselves. “There’s no doubt that the congressional map that’s before you today has a lean towards Republicans,” State Representative Destin Hall, the chairman of the redistricting committee, said on the floor, while adding that legislators had “complied with the law in every way.” (Mr. Hall did not immediately respond to a request for comment.)The new map and the events that led to it illustrate both the power of gerrymandering to render voters’ preferences electorally irrelevant, and the extent to which control of the House is being determined by courts’ interpretation of what lines are permissible.North Carolina has long been one of the most gerrymandered states in the country, as well as the subject of years of legal battles. Last year, the North Carolina Supreme Court ruled that a previous gerrymandered map was illegal, and court-drawn lines were used in the midterm elections, producing more competitive districts and, ultimately, an evenly divided congressional delegation.But something else also happened in the midterms: A Republican won a seat on the state Supreme Court, flipping it from a Democratic to a Republican majority. Though none of the facts had changed except the composition of the court, the justices promptly threw out the 2022 ruling, opening the door for Republican legislators to restore their party’s advantage.In several other states, the courts are also prevailing.In Wisconsin, where voters recently elected a liberal justice, the state Supreme Court is widely expected to rule against an existing Republican gerrymander. In Alabama, a court ordered a map this month that includes two districts, instead of one, where Black voters have or are close to a majority. That change, stemming from a United States Supreme Court decision earlier this year, will most likely result in one more Democratic representative.The same Supreme Court ruling could lead to a new majority-Black district in Louisiana, though that is tied up in another lawsuit. Separately, a contentious redistricting process is on the table in New York. More

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      Supreme Court Delays Efforts to Redraw Louisiana Voting Map

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      The Louisiana dispute is one of several voting rights cases churning through the courts that challenge a state’s congressional map.The Supreme Court on Thursday upheld a lower-court ruling that delays an effort to redraw Louisiana’s congressional map, prolonging a bitter clash over the representation of Black voters in the state.The order temporarily leaves in place a Republican-drawn map that a federal judge had said diluted the power of Black voters while an appeal moves through the lower courts.Civil rights groups had sought emergency relief from the Supreme Court after a federal appeals court abruptly canceled a scheduled hearing aimed at drafting a new map for Louisiana. That map was to include two districts in which Black voters represent a large enough share of the population to have the opportunity to select a candidate. The appeals court said that the state legislature should have more time to redraw its own map before a lower court stepped in.The Supreme Court’s order was unsigned, which is typical when the justices rule on emergency applications, and there were no public dissents.Justice Ketanji Brown Jackson, in a brief concurring opinion, emphasized that Louisiana should resolve the dispute in time for the 2024 election.In asking the Supreme Court to intervene, the plaintiffs had argued that delays in the case could complicate efforts to instate a new map by the next election, leaving the state with a version that lumps Black voters from different parts of the state into one voting district, diluting their power.By the time the Supreme Court issued its order on Thursday, a hearing date had passed. Another has been set for February.The consolidated cases, Galmon v. Ardoin and Robinson v. Ardoin, are part of a larger fight over redistricting. State lawmakers in the South have contested orders to refashion congressional maps and establish additional districts to bolster Black representation. The outcomes could help tilt control of the House, where Republicans hold a razor-thin majority.Weeks earlier, the court refused a similar request by Alabama, which had asked the justices to reinstate a map with only one majority-Black district. A lower court had found that Republican lawmakers blatantly disregarded its order to create a second majority-Black district or something “close to it.”At issue in Louisiana is a voting map passed by the Republican-controlled Legislature in the winter of 2022. The map carved the state into six districts, with only one majority-Black district, which joined Baton Rouge and New Orleans, the state’s two largest cities. About a third of the population in the state is Black.The case has reached the Supreme Court before.A coalition that included the N.A.A.C.P. Louisiana State Conference, the Power Coalition for Equity and Justice and Louisiana voters sued state officials and said the map unfairly weakened the power of Black voters.A district court, siding with the plaintiffs, temporarily blocked Louisiana from using its map in any upcoming elections. A new map, it said, should include an additional district where Black voters could choose a representative. The court gave the Legislature until June 20, 2022, to sign off on a redrawn map.Louisiana immediately appealed to the U.S. Court of Appeals for the Fifth Circuit, in New Orleans, and a three-judge panel unanimously denied the request. The state then asked the Supreme Court to intervene.The Supreme Court paused the case until it ruled in the Alabama case, Allen v. Milligan, which concerned similar questions. That essentially allowed the Republican-drawn map in Louisiana to go into effect during the 2022 election.The court lifted the pause in June after a majority of the justices, in a surprise decision, found Alabama’s map had unfairly undercut the power of Black voters. The justices said the appeals court should review the case before the 2024 elections. More

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      Supreme Court Declines to Revisit Alabama Voting Map Dispute

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      For the second time in recent months, the Supreme Court ruled against Alabama lawmakers and their proposed congressional district map.The Supreme Court on Tuesday refused Alabama’s request to reinstate a congressional map drawn by Republican lawmakers that had only one majority-Black district, paving the way for a new map to be put in place before the 2024 election.Alabama’s request to keep its map was the second time in under a year that it had asked the Supreme Court to affirm a limited role of race in establishing voting districts for federal elections in what amounted to a defiant repudiation of lower-court rulings. In the latest twist in the case, the lower court had found that the state had brazenly flouted its directive to create a second majority-Black district or something “close to it.”The court’s order gave no reasons, which is often the case when the justices decide on emergency applications. The ruling clears the way for a special master and court-appointed cartographer to create a new map.The outcome of the dispute could ultimately tip the balance of the House, where Republicans hold a thin majority. The trajectory of the case is also being closely watched by lawmakers in Washington and other states where similar battles are playing out.In a surprise decision in June, the Supreme Court found that Alabama had hurt Black voters in drawing its voting map, reaffirming part of a landmark civil rights law.Chief Justice John G. Roberts Jr., who has long been skeptical of race-conscious decision making, wrote the majority opinion. Justice Brett M. Kavanaugh joined him, along with the courts three liberal justices — Ketanji Brown Jackson, Sonia Sotomayor and Elena Kagan.At issue was Alabama’s congressional map. Its Republican-controlled legislature sliced up the state into seven districts, continuing to maintain only one majority Black district, although about a quarter of state’s population is Black.After the Supreme Court’s decision, state lawmakers scrambled to draw a new map. Over the objections of Democrats, the legislature pushed through a version that changed district boundaries but that did not include an additional majority-Black district. Instead, it increased the percentage of Black voters in one district to about 40 percent, from about 30 percent.The federal three-judge panel overseeing the case found lawmakers had, yet again, likely violated the Voting Rights Act of 1965.“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,” the panel wrote. The judges added that the Legislature’s proposal “plainly fails to do so.”In asking the Supreme Court to intervene, Alabama’s attorney general, Steve Marshall, acknowledged that the Legislature had not added a second majority-Black district to its map as dictated by the federal court, but said its new map still complied with the law.Unless the court acted, he wrote, “the state will have no meaningful opportunity to appeal before the 2023 plan is replaced by a court-drawn map that no state could constitutionally enact.”In their brief, the plaintiffs, including a group of Black voters and advocacy organizations, urged the justices to reject Alabama’s request for relief and said the state had “unabashedly” sought to defy the courts using “recycled arguments.”After the Supreme Court’s decision in June, the plaintiffs wrote, Alabama’s Legislature had drawn its plan in secret, with no opportunity for public comment, and had enacted it “over alternative plans that were supported by Black Alabamians.”“Disagreement with this court’s ruling is not a valid reason to defy it — and certainly not a basis for a grant of an emergency stay application,” they wrote. More

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      Federal Court Again Strikes Down Alabama’s Congressional Map

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      Republicans failed to comply with a court order to create a second majority-Black district or something “close to it,” the judicial panel said.A panel of federal judges rejected Alabama’s latest congressional map on Tuesday, ruling that a new map needed to be drawn because Republican lawmakers had failed to comply with orders to create a second majority-Black district or something “close to it.”In a sharp rebuke, the judges ordered that the new map be independently drawn, taking the responsibility away from the Republican-controlled legislature while chastising state officials who “ultimately did not even nurture the ambition to provide the required remedy.”The legislature had hastily pushed through a revised map in July after a surprise Supreme Court ruling found that Alabama’s existing map violated a landmark civil rights law by undercutting the power of the state’s Black voters. The revised map, approved over the objections of Democrats, increased the percentage of Black voters in one of the state’s six majority-white congressional districts to about 40 percent, from about 30 percent.In its new ruling, the district court panel in Alabama found that the legislature had flouted its mandate.“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 judges wrote. Responsibility for a new map now falls to a special master, Richard Allen, a longtime Alabama lawyer who has worked under several Republican attorneys general, and a cartographer, David Ely, a demographer based in California. Both were appointed by the court. The decision — or the independent map to be produced — can be appealed. State officials have said that a new congressional map needs to be in place by early October, in order to prepare for the 2024 elections.The litigation has been closely watched in Washington and across the country, as several other states in the South face similar voting rights challenges, and control of the U.S. House of Representatives rests on a thin margin. Prominent lawmakers in Washington — including Speaker Kevin McCarthy of California and Democrats in the Congressional Black Caucus — have kept careful tabs on the redistricting effort.At least one nonpartisan political analysis has predicted that at least one Alabama district could become an election tossup with a new map, given that Black voters in Alabama tend to vote for Democratic candidates.The decision was joined by Judge Stanley Marcus, who was nominated by former President Bill Clinton; and by Judges Anna M. Manasco and Terry F. Moorer, both named to their posts by former President Donald J. Trump. (Judge Marcus typically sits on the U.S. Court of Appeals for the 11th Circuit, in Atlanta.)For Alabama, the ruling caps off nearly two years of litigation, marking yet another instance in the state’s tumultuous history where a court has forced officials to follow federal civil rights and voting laws.Two decades ago, a lawsuit forced the creation of the Seventh Congressional District, the state’s sole majority-Black district, in southwest Alabama. (Under the Republican-drawn map rejected on Tuesday, the share of Black voters in that district dropped to about 51 percent from about 55 percent.)“It’s really making sure that people who have consistently been kept at the margins or excluded as a matter of law from politics have a chance — not a guarantee — but a realistic chance of electing candidates of choice,” said Kareem Crayton, the senior director for voting and representation at the Brennan Center for Justice and a Montgomery, Ala., native. “The fact that we’re having to fight over that principle is really sad in 2023.”After the 2020 census, which began the process of setting district lines for the next decade across the country, the Alabama legislature maintained six congressional districts with a white Republican incumbent. A group of Black voters challenged the map under a landmark voting rights law, given that more than one in four residents of Alabama is Black.The Birmingham court said the map would need to be redrawn, but the Supreme Court intervened and said a new map could not be put in place so close to the primary races ahead of the 2022 election. In doing so, the Supreme Court unexpectedly affirmed the key remaining tenet of the Voting Rights Act of 1965, which bars any voting law that “results in a denial or abridgment of the right of any citizen of the United States to vote on account of race.” The court had gutted much of that landmark civil rights law a decade earlier, and many had expected a similar result with the Alabama case.But in a weeklong special session, Republicans refused to create a second majority-Black district, and shielded their six incumbents from a potentially brutal primary at a moment when the party has only a slim majority in the U.S. House of Representatives.Republicans defended their revised map, calling it a fair attempt to keep counties and communities with similar economic and geographic issues together, while adhering to the Constitution. Democrats and the Black voters who brought the challenge called it a squandered opportunity to provide equal representation to a historically disenfranchised bloc of voters.At a hearing in August, the panel of judges sharply pressed the state’s attorneys on whether the revised map had done enough to adhere to their guidance on how to address the voting rights violation, making their skepticism clear.“What I hear you saying is that the state of Alabama deliberately disregarded our instructions,” Judge Moorer said at one point. More

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      Today’s Top News: A New Voting Map in Alabama, and More

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      The New York Times Audio app is home to journalism and storytelling, and provides news, depth and serendipity. If you haven’t already, download it here — available to Times news subscribers on iOS — and sign up for our weekly newsletter.The Headlines brings you the biggest stories of the day from the Times journalists who are covering them, all in about 10 minutes. Hosted by Annie Correal, the new morning show features three top stories from reporters across the newsroom and around the world, so you always have a sense of what’s happening, even if you only have a few minutes to spare.Last month, the Supreme Court ruled that Alabama’s current map violated the Voting Rights Act. Now, the state must redraw it.Mickey Welsh/The Montgomery Advertiser, via Associated PressOn Today’s Episode:Alabama Scrambles to Redraw Its Voting Map After a Supreme Court Surprise, with Emily CochraneThe Gilgo Beach Serial Killings: What We KnowHow a Vast Demographic Shift Will Reshape the World, with Lauren LeatherbyTo Ease Global Warming, the Whitest of Paints, with Cara BuckleyEli Cohen More

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      Alabama Scrambles to Redraw Its Voting Map After a Supreme Court Surprise

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      State lawmakers have until Friday to come up with new congressional districts that do not illegally dilute the power of Black voters.Under orders from the Supreme Court to produce a voting map that no longer illegally dilutes the power of Black voters in Alabama, the state’s lawmakers are now facing a high-stakes scramble to come up with an acceptable replacement by the end of this week.A little over a month after the court’s surprise ruling, the Alabama legislature will convene for a special five-day session on Monday, with the Republican supermajority having given little public indication of how it plans to fulfill a mandate to craft a second district that allows Black voters to elect a representative of their choice — one who could well be a Democrat.The effects of the revised map, which must be passed by Friday and approved by a federal court, could reverberate across the country, with other states in the South confronting similar voting rights challenges and Republicans looking to hold onto a razor-thin majority in the U.S. House of Representatives next year.The session also comes at a pivotal moment in the debate over the constitutionality of factoring race into government decisions, as conservatives have increasingly chipped away at the 1965 Voting Rights Act and other longstanding judicial protections centered on equality and race.“The eyes of the nation are looking at you,” Evan Milligan, one of several Alabama residents who had challenged the legality of the map, told lawmakers during a committee hearing in Montgomery on Thursday. “If you can cut out the noise, look within — you can look to history, you can make a mark in history that will set a standard for this country.”Alabama has a long list of bitter disputes over the enforcement of the Voting Rights Act, a landmark law born out of the civil rights movement whose key provisions were gutted by a 2013 Supreme Court decision. Litigation forced the creation of Alabama’s first majority-Black congressional district in 1992, and the seat has been represented by a Black Democrat ever since then.But the current fight stems from lawsuits filed to oppose the map drawn after the 2020 census. In a state where 27 percent of the population is Black, the Republican-controlled legislature packed nearly a third of the Black population into that one district. The state’s remaining six districts each elected a white Republican.There is little disagreement that voting in Alabama is highly polarized, but lawyers for the state legislature attributed the situation to politics rather than race. (The Supreme Court ruled in 2019 that a gerrymander that discriminates against one party’s voters is a political problem, not a legal one.)Evan Milligan, an Alabama resident who sued over the state’s voting map, speaking with reporters outside the Supreme Court in Washington last year.Patrick Semansky/Associated Press“Black Alabamians’ ‘candidates of choice’ tend to lose elections in Alabama not because they are Black or because they receive Black support, but because they are Democrats,” the state’s lawyers wrote.And with about 80 percent of Black voters in Alabama identifying as Democrats or leaning toward Democratic candidates, according to the Pew Research Center, “that just makes them easy prey in terms of redistricting,” said Seth C. McKee, a University of Oklahoma professor who has written about political realignment in the South. “And once Republicans get control, it’s just difficult for them not to dominate.”But a federal panel of three judges unanimously said the map had most likely violated the Voting Rights Act and ordered it redrawn, four months before the 2022 primary elections. The Supreme Court, while agreeing to consider the challenge, allowed the map to go into effect ahead of the November elections.Many experts expected the Supreme Court to say in the Alabama case what it essentially said in its decision outlawing affirmative action in education: Making allowances to remedy discrimination against one group inevitably ends up discriminating against other groups.However, in June, the court narrowly upheld Section 2 of the Voting Rights Act, the principal remaining clause of the law, which outlaws any election law or rule that discriminates based on race, color or language. That decision has already had ramifications elsewhere: a similar lawsuit is now moving forward in Louisiana, while voting rights advocates in Georgia have begun sparring with the state over whether the ruling affects similar lawsuits there.“We’re already showing how this opinion is going to have ripple effects,” said Abha Khanna, who represented some of the Alabama plaintiffs as the head of the Elias Law Group’s redistricting practice. She added, “You are sending a message to states and jurisdictions.”The Alabama legislature now has until Friday to create another map that gains approval from a federal court, and has solicited public proposals. Should the legislature fall short, the map could again be challenged, leaving open the possibility that the court would draw its own map and cut out the legislature altogether.“It is critical that Alabama be fairly and accurately represented in Washington,” said Gov. Kay Ivey, a Republican, as she formally summoned the legislature back for the special session. “Our legislature knows our state better than the federal courts do.”But it leaves Republicans with a task that could jeopardize the electoral security of one of their own in Congress. The nonpartisan Cook Political Report now marks the once solidly Republican First and Second Congressional Districts as toss-ups, citing “the presumption that one of their seats will ultimately become a Montgomery and Mobile-based Black majority seat that comfortably elects a Democrat.”On Thursday, multiple Black Republicans spoke during the committee hearing, including Belinda Thomas, a Dale County councilwoman and Republican Party official who later described herself as “living proof” that the current map made it possible for Black candidates to succeed. Some residents and officials also raised concerns about diminishing the representation of rural communities and economic opportunity under some of the proposed maps.State Senator Rodger Smitherman comparing congressional maps during a special session on redistricting at the Alabama Statehouse in Montgomery in 2021.Mickey Welsh/The Montgomery Advertiser, via Associated PressDemocrats appeared divided over which plan to back, with some lawmakers supporting one that relies on a combination of traditionally Democratic voting blocs to create a new district in order to avoid drawing on racial lines. At least one of the plaintiffs wore a T-shirt emblazoned with their preferred map, which would enshrine the 18 counties of Alabama’s Black Belt, the stretch of historically rich soil that fueled cotton plantations worked by slave labor, into two districts with at least 50 percent of the Black voting population.“I want myself and my community to have a seat at the table, rather than be on the menu,” said Shalela Dowdy, a Mobile resident and one of the plaintiffs.But notably absent from the public discussion on Thursday was any plan backed by the Republican supermajority. State Representative Chris Pringle, a Republican from Mobile, said that a final map would be shared before a committee meeting on Monday, although Democrats balked at being left out of the process and at the public getting little time to review a final plan.“This is a really tortured process,” said State Representative Chris England, a Democrat from Tuscaloosa. He added that “everybody else has been presenting the maps that they believe best represent the state of Alabama, give everybody an opportunity to be represented, but the supermajority has not.”Mr. Pringle said that the committee tasked with overseeing the creation of the new map had been overwhelmed with a number of submissions, including from as far away as France and New Zealand. A little over a dozen had been made public online or in a hearing, with Mr. England sharing a few more maps circulated among the committee on Twitter on Friday evening.“We have been pretty much overwhelmed,” Mr. Pringle said.Adam Liptak More