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Alabama asks SCOTUS to expedite consideration of redistricting appeal

Alabama officials filed emergency motions with the U.S. Supreme Court Thursday to lift the injunctions that are blocking the state from using its 2023 congressional map.

The state’s pending request could mean Alabama might have a different map to determine its congressional delegation as soon as this year, depending on the high court’s review.

Attorney General Steve Marshall and Secretary of State Wes Allen filed three emergency motions in Alabama’s redistricting cases one day after the Supreme Court’s ruling in Louisiana v. Callias struck down race-based map drawing for congressional districts.

The filings state that the quick review is necessary so that Alabama can have the “same opportunity as other States to use a lawfully enacted congressional map free of an injunction that cannot be reconciled with Section 2 of the Voting Rights Act” after the recent decision. Section 2 broadly prohibits race-based discrimination in voting practices.

“The Supreme Court has now made clear that you cannot assume race and politics are the same thing, you have to actually show they’re separate,” Marshall said in a statement. “Because the lower court’s injunction cannot stand in light of the Supreme Court’s ruling, we have asked the court to lift the injunction. Alabama deserves the right to use its own maps, just like every other state.”

Last June, Alabama Attorney General Steve Marshall and Allen asked the high court to review a lower court’s ruling that found Alabama’s 2021 and 2023 congressional maps were racially discriminatory. Federal judges also previously ruled that Alabama has to use its current map until 2030, the next census year.

That current order was cited by Gov. Kay Ivey on Wednesday when she announced that she would not call a special session to redraw the state’s congressional map until that issue was resolved. On Thursday, Ivey praised Marshall and Allen for taking action to appeal those decisions.

“Alabama knows our state, our people and our districts better than the federal courts or activist groups,” Ivey said. “I remain hopeful that Alabama receives a favorable ruling.”

In a statement, Allen said a quick review of the case will ensure Alabama can have the opportunity to “pursue congressional maps that reflect the will of the people.”

If the Supreme Court acts, it could pave the way for a massive shakeup of the state’s 2026 primaries that are now just 18 days away on May 19.

This story has been updated to remove an inaccurate description of the 2024 map.

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