Voting Rights Act (1965)

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    Conservative Group Wins Legal Victory Over 2020 Voting Challenges in Georgia

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    The group, True the Vote, had been accused by the liberal organization Fair Fight of violating the Voting Rights Act by intimidating voters. A judge rejected the claims.A federal judge ruled on Tuesday that a conservative group’s efforts to challenge the eligibility of hundreds of thousands of voters in the Senate runoff elections in Georgia in early 2021 did not violate the Voting Rights Act under a clause outlawing voter suppression.In a 145-page opinion, the judge, Steve C. Jones of the United States District Court for the Northern District of Georgia, wrote that the court “maintains its prior concerns” regarding how the group, True the Vote, sought to challenge voters’ eligibility. But he said that Fair Fight, the liberal voting rights group that brought the lawsuit against True the Vote, had failed to show that the efforts were illegal.The decision was relatively narrow, applying only to Judge Jones’s district in northern Georgia, and will do little to change the status quo: Right-wing election groups have already tried to help bring thousands of challenges to voter registrations in states across the country.But the opinion is likely to encourage conservative activists hunting for voter fraud during the 2024 presidential election. Election officials and voting rights groups have expressed worries about these efforts, warning that an expanded campaign to challenge voters en masse could intimidate people away from the ballot box. True the Vote and similar groups, taking a cue from former President Donald J. Trump, have often spread false theories about election fraud.“Any of these decisions that allows these kinds of mass challenges to go forward embolden that movement,” said Sophia Lin Lakin, the director of the Voting Rights Project at the A.C.L.U.In his opinion, Judge Jones wrote that evidence from Fair Fight and individual voters in the trial did not amount to intimidation under an important section of the Voting Rights Act known as Section 11(b), which outlaws any attempt to “intimidate, threaten, or coerce, or attempt to intimidate” any voter or act of voting.“While the court believes that actions increasing the difficulty to vote if paired with other conduct might give rise to a Section 11(b) violation in some circumstances, increased difficulty alone does not constitute voter intimidation,” Judge Jones wrote.Voting rights experts said the ruling could raise the bar of what constitutes voter intimidation under the Voting Rights Act, and said it was yet another court decision that chipped away at the protections in the landmark law.“He took a very narrow view of what constitutes intimidation,” Ms. Lakin said. “But raising the bar of what you need to show altogether will make demonstrating voter intimidation claims more difficult, at least in the Northern District of Georgia.”In a footnote in the decision, Judge Jones, who was appointed to his post by President Barack Obama, was careful not to give a blessing to tactics like True the Vote’s.“In making this conclusion, the court, in no way, is condoning TTV’s actions in facilitating a mass number of seemingly frivolous challenges,” he wrote. He added: “TTV’s list utterly lacked reliability. Indeed, it verges on recklessness.”Fair Fight sued True the Vote three years ago, after the conservative group organized challenges in December 2020 questioning the eligibility of more than 250,000 registered Georgia voters. To spur right-wing activists to help challenge voters, True the Vote created a $1 million reward fund and offered bounties for evidence of “election malfeasance.”Fair Fight argued in its lawsuit that finding actual fraud or ineligible voters was only a secondary concern for True the Vote, and that the real intention was to frighten Democratic-leaning voters from turning out in what were expected to be razor-thin runoff elections that would determine control of the United States Senate.Catherine Engelbrecht, the president of True the Vote, celebrated the ruling as “an answer to the prayers of faithful patriots across America.”“Today’s ruling sends a clear message to those who would attempt to control the course of our nation through lawfare and intimidation,” Ms. Engelbrecht wrote in a statement. “American citizens will not be silenced.”Fair Fight, in a lengthy statement, said that federal courts were not adequately protecting Americans from ramped-up attacks on voting rights.“While there is much to make of the court’s 145-page opinion, Fair Fight is disappointed that Georgians and voters nationwide must continue to wait for our federal courts to impose accountability in the face of widespread and mounting voter intimidation efforts,” Cianti Stewart-Reid, the executive director of Fair Fight, said in the statement.It was unclear whether the group planned to appeal the decision. More

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      A Crisis at Gaza’s Hospitals, 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.The Indonesian Hospital in Gaza earlier this month. The enclave has 36 hospitals.Anas al-Shareef/ReutersOn Today’s Episode:Critical Trauma Care Is Not Possible at Any of Gaza’s Hospitals, the W.H.O. Says, by Farnaz FassihiFederal Court Moves to Drastically Weaken Voting Rights Act, by Nick Corasaniti‘Lost Time for No Reason’: How Driverless Taxis Are Stressing Cities, by Yiwen LuEmily Lang More

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      After Antifraud Crusade, a Trial Asks: Were Illegal Voters or Legal Ones the Target?

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      True the Vote challenged the legality of 250,000 Georgia voters, offered cash for fraud evidence and recruited poll watchers. A federal trial will determine why.As Republican candidates and their supporters increasingly focus on specious claims of rampant voter fraud, a federal trial starting in Georgia on Thursday will examine whether a key campaign to unmask illegal voters in 2020 actually aimed to intimidate legal ones.The outcome could have implications for conservative election integrity organizations that are widely expected to ramp up antifraud efforts during next year’s general election. The trial also could clarify the reach of an important section of the 1965 Voting Rights Act, the historic civil-rights law that the Supreme Court has steadily pared back over the last decade.That question is serious enough that the Department of Justice has filed a brief in the case and will defend the government’s view of the act’s scope at the trial. The campaign, mounted in December 2020 by a right-wing group called True the Vote, filed challenges with local election officials to the eligibility of some 250,000 registered Georgia voters. The group also offered bounties from a $1 million reward fund for evidence of “election malfeasance” and sought to recruit citizen monitors to patrol polls and ballot drop-off locations.The lawsuit, filed by the liberal political action committee Fair Fight Inc., alleges that finding fraud was a secondary concern. The actual purpose, the group argues, was to dissuade Democratic voters from turning out in tight runoffs that month for Georgia’s two seats in the U.S. Senate.That would violate a clause of the Voting Rights Act that broadly prohibits any “attempt to intimidate, threaten, or coerce any person for voting or attempting to vote.”Lawyers for True the Vote argue that the group’s efforts have nothing to do with intimidation and are an essential form of constitutionally protected free speech. Two Democratic candidates, Jon Ossoff and the Rev. Raphael Warnock, won the Senate runoffs in early January 2021. The case has since plodded through the legal system for nearly three years before coming to trial.In a briefing last week, Cianti Stewart-Reid, the executive director of Fair Fight, cast the lawsuit as a move to head off what she called “a troubling plan to undermine the results of the 2024 election based on disinformation and bad faith attacks on voter eligibility.”“Georgia has become the testing ground for modern-day voter challenges and other antidemocratic tactics we believe are being deployed as part of a national effort led by followers of the Big Lie,” she said, referring to former President Donald J. Trump’s claim that the 2020 election was stolen.Catherine Engelbrecht, a founder and president of True the Vote, did not respond to requests for comment. But in court filings, lawyers for her and the organization said that efforts to search for illegal voters like those in Georgia are protected by the First Amendment.Threatening to punish people for casting ballots clearly violates the Voting Rights Act and has no free-speech protection, one of the lawyers for True the Vote, Cameron Powell, said in an interview. But he said that there was reason to worry that people might cast ballots in places where they did not live. He said the state had mailed seven million absentee ballots to Georgia residents, a measure to make voting easier during the Covid pandemic, although some people on voter rolls no longer lived where they had registered.(In fact, the state sent absentee ballot applications — not actual ballots — to 6.9 million registered voters in 2020. About 1.3 million absentee ballots were cast in the November election, and the state said that “all of them were verified for the voter’s identity and eligibility.”)Lawyers for Catherine Engelbrecht, a founder and president of True the Vote, said that efforts to root out fraud are protected by the First Amendment.Bridget Bennett/Reuters“Engaging in speech about elections and voter integrity, engaging in facilitating petitions by Georgia voters who are concerned about the residency status of other Georgia voters, is subject to the highest First Amendment protections,” he said. “And it’s a very high bar to show that this was done in bad faith.”The intimidation clause of the Voting Rights Act has been invoked before to punish both large-scale challenges to voters’ eligibility and the dispatch of monitors to watch polling places for “suspicious” activity. The national Republican Party was barred from participating in so-called ballot security efforts from 1982 to 2018 because of its involvement in both.The Georgia lawsuit presents a less clear-cut picture than those instances, said Justin Levitt, an election law scholar at Loyola Law School in Los Angeles.“It’s not in the center of the strike zone, but it’s not a wild pitch, either,” he said. “The context in this is everything.”True the Vote, a Texas-based organization that arose from Ms. Engelbrecht’s Tea Party activities more than a decade ago, has a checkered financial and legal history. Ms. Engelbrecht’s forays into conspiracy theories and far-right politics have led even some former allies to distance themselves from her activities.The organization’s former lawyer, the conservative legal powerhouse James Bopp Jr., quit the Georgia case in March and sued her and True the Vote over what he claimed was nearly $1 million in unpaid bills.The group has regularly aired charges of fraudulent voting and helped produce the recent film “2,000 Mules” that made widely debunked charges of ballot-stuffing at voting drop boxes in Georgia and elsewhere. In Georgia, the group, saying that it had planned to challenge 364,000 voter registrations statewide, unveiled its election integrity initiative in mid-December 2020, as early voting in the Senate runoffs was getting underway. The voters who faced a legal challenge were among Georgians who had filed change-of-address notices with the Postal Service but had not registered to vote at a new address. Experts say that comparing address lists and registration rolls is not a reliable method of identifying potentially illegal voters. True the Vote and a handful of allies, including local Republican Party officials, eventually forwarded to county election boards some 250,000 potential challenges to registrations. A majority of boards refused to consider them, and those that did appeared to have found no evidence of illegality.But in some cases, the plaintiffs said, local officials summoned voters to bring proof of their eligibility to hearings, and others were told to cast provisional ballots that would be counted only if their eligibility were proven. Political operatives have long used a similar tactic, sometimes sending warning letters about eligibility directly to voters, in efforts to depress turnout.Fair Fight claims that the Georgia effort, combined with the public recruitment of poll watchers and the promise of a financial payoff for allegations of fraud, were largely designed to frighten voters, not to uncover wrongdoing. In court filings, True the Vote has called the allegations overblown and stressed that very few voters were ever notified that their legitimacy had been challenged.Sheelagh McNeill 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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      A Legal Battle Over Political Maps in Alabama, Georgia and Louisiana

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      G.O.P. legislatures in Alabama, Georgia and Louisiana are contesting federal orders to redraw congressional maps that disfavor Black voters. The stakes are enormous.WASHINGTON — The Republican-led legislatures of Georgia, Louisiana and Alabama find themselves backed against courtroom walls this month in strikingly similar circumstances, defending congressional maps that federal judges have said appear to discriminate against Black voters.It is a familiar position. Last year, the same judges said that, even before full trials were held, the same maps were so likely illegal that replacements should be used for the 2022 elections. That did not happen: Thanks to a once-obscure Supreme Court rule that outlaws election-law changes close to campaign season, the disputed maps were used anyway.With an electorate so deeply split along partisan lines that few House races are competitive, the significance last November was glaring. Republicans took control of the House of Representatives by a bare five seats, three of them from districts they were poised to lose had new maps been used in the three states.Now the revived litigation is again churning through the courts — at least six of them, at last count — with the same political stakes and a sharply divided view of the likely outcomes.Each of the cases asks the same question: whether the Republican-dominated legislatures drew maps that effectively boxed Black voters out of having a chance of electing a candidate in one additional congressional district. The 1965 Voting Rights Act bars maps that have that effect.A map of a Republican proposal to redraw Alabama’s congressional districts in July at the Alabama Statehouse in Montgomery.Kim Chandler/Associated PressMany redistricting experts say they believe the cases against the states are so strong that the states are left to pursue a hail-Mary legal strategy, hoping that delays and repeated appeals will maintain the status quo as they did in 2022.“Republicans in these three states are trying to run out the clock as long as they can to use invalidated maps” in 2024, said Jeffrey Wice, a senior fellow at the Census and Redistricting Institute at New York Law School.Some lawyers for the states, who did not want to speak publicly while litigation is pending, take issue with that interpretation. And one veteran litigator for Republicans in voting rights cases, Michael A. Carvin, said their arguments are stronger than their opponents think.Mr. Carvin, who successfully argued a major Voting Rights Act case before the Supreme Court in 2021, said he believed the states’ opponents were seeking “a dramatic change in the current redistricting plans” that higher courts were unlikely to support.“I think all the defendants have an excellent chance of prevailing,” he said.At first blush, there is ample reason to think that the legislatures have a losing hand. One reason the Supreme Court held up the drawing of new maps last year was to await the outcome of a major challenge to the Voting Rights Act’s rules for judging bias in political maps, brought by Alabama. Alabama lost in June, when the court reaffirmed those rules by a 5-to-4 vote.People line up to cast their ballots in New Orleans in 2020. Kathleen Flynn/ReutersSince then, Alabama has mounted what amounts to a scorched-earth defense of its maps, despite telling a three-judge panel that the state needed a new House map by October, before an early November filing deadline for candidates in congressional primary elections.After the Supreme Court decision in June, the federal panel resurrected its 2022 order that the state draw a new House map that gave Black voters a significant chance of winning two of the state’s seven congressional districts, instead of one, in a state that is 26 percent Black. The Legislature first asked for extra time, then produced a map last month that again limited Black voters’ clout to a single House district.And when the federal judges rejected that map this month and handed its redrafting to an outside expert, the state again asked the Supreme Court to intervene, arguing that the three judges’ map-drawing order had exceeded the bounds of the Voting Rights Act.The judges’ response, issued last Monday, was withering. They pronounced themselves “deeply troubled” by the state’s failure to draw a usable map, and “disturbed” by the resulting waste of time.“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,” they wrote. “Without further delay.”Some experts say they see similar tactics in Louisiana, where Black residents make up 31 percent of the state population but five of six of the state’s representatives in the House are white. A federal district judge ruled last year that the State Legislature’s map very likely violated the Voting Rights Act and ordered a new one drawn for the 2022 elections. The Supreme Court blocked that order, but lifted its stay after its June ruling in the Alabama case.Since then, the judge in Louisiana has rejected efforts by the state’s lawyers to put off drafting that replacement map, prompting the lawyers to ask a federal appeals court to allow a delay. The lawyers say there is “just enough time” to hold a trial first to determine whether the existing map is in fact illegal; the plaintiffs, including Black voters and the state chapter of the N.A.A.C.P., call it a delaying tactic.“Their strategy has consistently been to slow-walk this case, only to later announce that the time for entering relief has run out,” they wrote in a court filing last month.A lawyer for the plaintiffs in the Georgia, Louisiana and Alabama cases, Abha Khanna, said she thought the judges in those cases had made their impatience clear. She said that they had signaled that if there is relief to be had for Black voters in these states under the Voting Rights Act, “it should be in time for the 2024 elections.”Those defending the maps say that the current jockeying is a diversion from a bigger question: whether the states’ arguments for their maps are in fact persuasive. The arguments, like the cases themselves, are complex, but many of them boil down to a single assertion, that judges who have ordered new maps are using a too-broad interpretation of what makes maps illegal under the Voting Rights Act.In both Alabama and Louisiana, for example, the states’ lawyers argue that judges are ordering the states to create precisely the sorts of racial gerrymanders that the Voting Rights Act forbids — except that in these cases, the gerrymanders favor African Americans.In Louisiana, they argue, the judge is creating an additional district that could elect a Black representative by knitting together African American communities that are separated by a hundred miles or more. In Alabama, lawyers contend that federal judges are commanding above all else that the state create two congressional districts that give Black voters a voice — something they say defies the law’s decree that race cannot be the dominant factor in redrawing political maps.Both states also contend that the Supreme Court ruling in June that said affirmative action programs at Harvard and the University of North Carolina discriminated on the basis of race should also apply to race-based redistricting cases.Many see that as a bid to win over Supreme Court Justice Brett M. Kavanaugh. He provided the fifth vote that same month to uphold the Voting Rights Act, but suggested that his mind remained open to other arguments against it.The question of how much race can figure in redistricting cases has been litigated for decades, and the states’ critics say the law is not just clear, but newly upheld by a conservative Supreme Court. In the past year, Alabama has challenged it four times — and lost every time.Mr. Carvin nevertheless said the law, and the Supreme Court’s ruling in June that upheld it, are not as settled as some think.“The courts have made crystal clear that there’s no obligation to create majority-minority districts” — districts with a majority of Black voters — “or districts that will elect minority candidates,” he said. “It’s equal opportunity, not equal results.”Sheelagh McNeill 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

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      Your Friday Briefing: A Major Ukrainian Offensive

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      Also, a victory for voting rights in the U.S.Fighting in the Donetsk region this week prompted U.S. authorities to say that the counteroffensive may have begun.Tyler Hicks/The New York TimesUkraine mounts a major attack in the southA senior U.S. official said that the Ukrainian assault in the southern region of Zaporizhzhia appeared to be a main thrust of its long-anticipated counteroffensive to retake territory from Russia. The stakes are high for Kyiv and its Western allies.The Ukrainian forces in Zaporizhzhia included German Leopard 2 tanks and U.S. Bradley fighting vehicles, the official said. The attack involved some of the troops the U.S. and other allies of Ukraine had trained and equipped especially for the counteroffensive.Russian military officials said that their forces had withstood the assault and inflicted heavy casualties. The U.S. official confirmed that Ukraine’s Army had suffered casualties in the early fighting. There was no immediate comment from Ukraine, which has said it would remain silent on details.Stakes: If Ukraine fails to break through Russia’s lines, support could shrink — and Kyiv could come under pressure from allies to enter serious negotiations to end or freeze the conflict.Flooding: Russian forces shelled Kherson yesterday, striking near an evacuation point, hours after Ukraine’s president, Volodymyr Zelensky, visited the flood-stricken city. Rescue efforts are continuing after a dam was destroyed.The U.S. Supreme Court building in Washington. Kenny Holston/The New York TimesA victory for U.S. voting rightsIn a surprise move, the Supreme Court ruled that Alabama had diluted the power of Black voters by drawing a congressional voting map with a single district in which they made up a majority.The 5-to-4 decision was a surprise: The Supreme Court’s conservative majority has worked to erode the Voting Rights Act, a federal law that was enacted in 1965 to protect minority voters from racial discrimination.The case started when Alabama’s Legislature, which is controlled by Republicans, redrew the congressional map to take account of the 2020 census. The state has seven districts, and its voting-age population is about 27 percent Black.The decision means that Alabama’s State Legislature will have to draw a second district with a Black majority.Context: The Supreme Court’s recent rightward lurch — seen in decisions on abortion, guns, religion and climate change — has shaken public confidence in its moral authority.For decades, the Najiaying Mosque has been the pride of the Muslim Hui ethnic minority in Nagu.Vivian Wang/The New York TimesChina’s plan to remake mosquesThe mosques in Nagu and Shadian in Yunnan Province in China hold particular importance in the story of Beijing’s relationship with Islam, which has fluctuated between conflict and coexistence.They are among the last major mosques with Arab-style architecture still standing in China after a campaign by the ruling Communist Party to close, demolish or forcibly redesign mosques that has so far been met with limited resistance.But late last month, members of the Muslim Hui ethnic minority in Nagu clashed with the police after the authorities drove construction cranes into that mosque’s courtyard. Officials had said they planned to remove its domes and remake its minarets in a more “Chinese” style. The demolition was paused, but residents think that it’s inevitable.To Hui residents in Nagu, which our correspondent Vivian Wang visited shortly after the protest, the remodeling plan was a precursor to a more sweeping repression of their way of life.THE LATEST NEWSAsia PacificChina has agreed to pay several billion dollars to Cuba to build an electronic eavesdropping center, which could be used to spy on the U.S., The Wall Street Journal reports.A poll has found that Europeans still mostly see China as “a necessary partner,” even as Beijing moves closer to Russia.Around the WorldA haze over the U.S. Capitol yesterday.Kenny Holston/The New York TimesSmoke from raging wildfires in Canada that has plagued the northeastern U.S. is spreading south and west. President Biden and Prime Minister Rishi Sunak of Britain met at the White House and pledged to work together to confront challenges posed by A.I., the economy and Ukraine.Prosecutors have told Donald Trump’s lawyers that the former president is the target of an investigation into his handling of classified documents, a sign that he is likely to face charges.Other Big StoriesA Syrian asylum seeker was arrested in France after an attack in a park in which four children and two adults were stabbed.The eurozone fell into a mild recession early this year.The U.S. suspended all food aid to Ethiopia, citing theft of the contributions.The Week in Culture“I’m good at a lot of things, but I’m best at performing.” — Alex Newell of “Shucked”Thea Traff for The New York Times Ahead of the Tony Awards on Sunday, our theater and culture reporters spoke to Jessica Chastain, Wendell Pierce, Ben Platt and other nominees about their craft. Here’s the full list of nominees.Satoshi Kuwata, the Japanese designer and founder of Setchu, won fashion’s most prestigious award for young designers.The job of a museum director is expanding beyond the art: Directors need to confront controversies ranging from looted art to issues of social justice.The fabled Cinecittà Studios in Rome are buzzing with activity again, thanks to modernized facilities and generous tax incentives.A Morning ReadDr. Sandra Hazelip, left, and Eleanor Hamby.Christopher Lee for The New York TimesIt’s never too late to travel with your best friend.Just ask Eleanor Hamby, 81, and Dr. Sandra Hazelip, 82, known by some as “the TikTok traveling grannies.” They went from Antarctica to the Grand Canyon in just 80 days, visiting 18 countries on a budget.Lives lived: Pat Robertson, a Baptist minister and broadcaster who gave Christian conservatives clout in U.S. politics, died at 93.ARTS AND IDEASA gay bar in Singapore.Ore Huiying for The New York TimesL.G.B.T.Q. life in AsiaFor Pride month, we asked our L.G.B.T.Q. readers to share their experiences. Thank you to those who told us about your joys and worries. I’ve lightly edited some responses.A reversal in ChinaJack, 38, moved to Beijing in 2008. At the time, “it felt like things were on the up for queer people.” The nightlife was thriving and activism was moving. “Everyone expected things would continue to get better,” he said. That all changed once Xi Jinping came to power, Jack said. Venues closed. Activists disappeared. Representation dwindled. “People withdrew into apps and the underground,” he wrote.Uncertainty in South KoreaA 16-year-old in Seoul, who didn’t want to share his name, said that there was little representation in the media or arts, and he knows only one other L.G.B.T.Q. person. “I’m a gay student,” he wrote. “I have come out to just a few friends whom I trust; it would be social suicide to come out publicly to everyone.”Muted relief in SingaporeSince Singapore repealed a ban on gay sex, some readers said life felt easier. Tan Jun Lin, 25, said that being gay felt less scary now, both because of the change in the law and because of growing visibility on social media. But he has still had to cut off homophobic friends and hide his sexuality from colleagues.“Pride doesn’t simply mean acceptance,” he wrote. At work, he told some colleagues about his sexuality, but they responded with a “stunned silence that clearly conveyed a concealed homophobia.”Frustration in JapanGaku Hiroshima, 33, lives in Kyoto. He is still aware of prejudice, he said, but in just a few years, he has seen attitudes change.“I feel the arrival of the zeitgeist of ‘making fun of sexuality is not cool,’” Gaku wrote. Kyoto’s City Hall is decorated for Pride, which he said “was clearly impossible a few years ago.”PLAY, WATCH, EATWhat to CookDavid Malosh for The New York Times. Fold grated cheese into ground beef, instead of layering it on top, to make these moist burgers.What to WatchThese 10 movies celebrate New York City.What to Listen toDiscover the beauty of New Orleans jazz.Advice from WirecutterA guide to picking the best camping tent.Now Time to PlayPlay the Mini Crossword, and a clue: Night hallucination (five letters).Here are the Wordle and the Spelling Bee. You can find all our puzzles here.That’s it for today’s briefing. I hope you have a lovely weekend! — AmeliaP.S. Gilbert Cruz, our Books editor, spoke with NBC about exciting new titles. He recommends “The Wager,” by David Grann, about an 18th-century shipwreck.“The Daily” is about the race to become the Republican Party’s presidential candidate.We’d like your feedback. You can email us at briefing@nytimes.com. More