A three-judge district court panel ruled on Tuesday that Alabama cannot eliminate a second Black-majority congressional seat, which the panel had previously ordered to be drawn, as the state's preferred map intentionally discriminated based on race.
Court's Decision
"Ultimately, we cannot see our way clear to requiring Alabamians to cast their votes in the 2026 elections under a districting plan tainted by intentional race-based discrimination," the decision states. "And under the unusual circumstances of this case, we conclude that a limited order requiring the Secretary to continue using this Court's race-blind map will not disrupt Alabama's elections."
Background
The same district court panel required Alabama to draw a map with a second Black-majority district in 2022, and the Supreme Court upheld this ruling in a 5-4 decision in Allen v. Milligan. After the Supreme Court almost completely gutted the Voting Rights Act in Louisiana v. Callais on April 29, it required the panel to reconsider the case in light of Callais' requirement that Voting Rights Act challenges can only succeed when intentional racial discrimination is found. Alabama responded by passing a bill suspending its May 19 primaries and reinstituting the map that the panel overturned in 2022.
Implications
With the district court's decision on Tuesday, Alabama must continue to use the race-blind map ordered by the court that includes two Black-majority districts for the 2026 election. This is a big victory for Democrats, who stand to lose numerous House seats across the South as white Republicans move quickly to eliminate seats held by Black Democrats following the Callais decision. Alabama has promised to appeal the decision to the Supreme Court.
