After the 2020 census, the data out of Alabama was unambiguous: The state had become more racially and ethnically diverse over the last decade, as the percentage of people in Alabama who identify as white shrunk.
But when it came time for the state’s Republican-led government to redraw congressional district lines, a predictable thing happened: GOP officials largely ignored the demographic changes. In fact, they created a map with one majority-Black congressional district, despite the fact that more than a quarter of the state’s population is Black.
Republicans knew a lawsuit would soon follow, but they passed their map anyway. Initially, the litigation against the new district lines succeeded: Two weeks ago, a three-judge panel ruled that the map violated what remains of the Voting Rights Act.
This was hardly a progressive panel of jurists: Two of three judges who heard the case were Donald Trump appointees. They nevertheless agreed that Alabama Republicans had gone too far in creating a racially discriminatory map.
In theory, state officials should’ve scrambled to create a new plan. In practice, they did effectively nothing — except wait for Republican-appointed justices on the Supreme Court to come to their rescue.
Late yesterday, as NBC News reported, that’s precisely what happened.
In a 5-4 vote, the Supreme Court cleared the way Monday for Alabama to use its new congressional district map even though a lower court said it violated the Voting Rights Act by denying Black voters a new district. The court granted a request from Alabama Republicans to put a hold on the lower court ruling.
In terms of the 5-4 breakdown in Merrill v. Milligan, Chief Justice John Roberts — whose record on voting rights issues is dreadful — sided with the court’s center-left minority, made up of Justices Elana Kagan, Sonia Sotomayor, and Stephen Breyer. The dominant conservative majority — Justices Samuel Alito, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett — predictably sided with Alabama.
As a procedural matter, this was not a decision on the merits, per se. The Republican-appointed justices put a lower court ruling on hold until the Supreme Court could hear the state’s challenge. But as a practical matter, that’ll take time — and in the interim, thanks to yesterday’s outcome, Alabama will hold elections this year under the district map that was deemed racially discriminatory by the lower court.








