By Zachary B. Wolf | CNN
It was surprising when the US Supreme Court, which is dominated by conservatives, ordered Alabama’s conservative state government to redraw its congressional map to include a second majority-Black district. However, Alabama seems to have rejected this order.
Instead of complying with the Supreme Court’s order in the Allen v. Milligan case, Alabama’s legislature redrew the congressional map to decrease the Black voting-age population in the existing Democratic seat and increase the Black population percentage in a second district.
The new map will be reviewed by federal courts in August, so the story is ongoing. It will also contribute to the larger fights over congressional maps in other states, such as New York, potentially affecting control of the House.
A clash between federalism and defiance
Alabama Governor Kay Ivey defended the legislature’s actions, stating that they know their state, people, and districts better than the federal courts or activist groups.
The old congressional map was invalidated by a three-judge federal district court panel, including judges appointed by former President Donald Trump. They found that the previous plan violated the Voting Rights Act due to limited opportunities for Black voters to elect their preferred candidates.
Whiplash and potential consequences
Prior to the 2022 midterm election, the Supreme Court postponed action on Alabama’s map. The recent decision in Allen v. Milligan could have implications for other states and spark lawsuits in multiple states.
Defiance or protection?
The president of the NAACP Legal Defense Fund described the new map as outright defiance of the Supreme Court’s order. She called on federal courts to protect Black voters and their authority.
Alabama has a population that is approximately 27% Black, with the Black population concentrated in counties known as the Black Belt. The Supreme Court’s decision reflects the interest in providing representation for these voters.
Polarized voting and fairness
Some argue that, based on the math, Black Alabamians should have more than one representative in Congress. However, the issue goes beyond numbers as Alabama experiences polarized voting conditions. The goal is to ensure fairness and representation for historically marginalized voters.
An unexpected Supreme Court ruling
Alabama had asked the Supreme Court to nullify a section of the Voting Rights Act, but the conservative majority, including Chief Justice John Roberts and Justice Brett Kavanaugh, joined liberals in throwing out the Alabama map.
The Supreme Court also rejected the notion that the Gulf Coast represents a community of interest equal to the Black Belt. The new map attempts to unite the Black Belt counties while keeping the Gulf Coast community together in a single district.
The attorney general’s office argues that the new map is fair, complies with the Voting Rights Act, and aims to unite the Black Belt counties.
In the 2022 midterm elections, none of the districts in Alabama were highly competitive, except for the heavily Democratic district represented by Rep. Terri Sewell.