WASHINGTON — Alabama groups asked the U.S. Supreme Court Monday to deny the state’s request to use a Republican-friendly congressional map in this year’s elections.
In a series of filings, the civil rights groups and voters asked the Supreme Court to uphold a lower court’s ruling preventing the state from implementing a map that a three-judge panel found to be intentionally discriminatory towards Black Alabamians.
The plaintiffs urged the justices to keep the current 2024 congressional map in place, which includes two Black opportunity districts.
“Entering a stay so that Alabama can at the last minute replace a lawful plan with an unlawful and unconstitutional one would create chaos and would reward Applicants for their repeated false statements to this Court,” the plaintiffs wrote in one filing.
The state quickly submitted its reply brief Monday, reiterating its support for using the struck-down 2023 map in light of the recent Supreme Court ruling in Louisiana v. Callais, which gutted much of the Voting Rights Act.
Alabama Attorney General Steve Marshall had asked the Supreme Court last week for an emergency stay of the district’s court’s ruling barring the 2023 map. The state requested a decision from the Court by Monday or “as soon as possible thereafter.”
“Callais vindicates Alabama’s position on the lawfulness of the 2023 Plan, yet the district court decided in one week that Callais changed nothing,” Alabama officials wrote last Wednesday.
The filings are the latest step in Alabama Republicans’ push to use a different congressional map in this year’s elections in the aftermath of the Louisiana redistricting decision.
The Alabama plaintiffs in the Allen v. Milligan redistricting case argue that the Supreme Court should reject the state’s effort to use the 2023 map, which would likely flip a blue seat red, because there is “no time left” to switch voters into different districts ahead of the Aug. 11 special primaries.
“Granting Alabama’s request would insert the Court into an ongoing election in a manner that upsets settled expectations, causes voter confusion, and creates chaos and unworkable deadlines for even the most diligent election officials,” the plaintiffs wrote.
Gov. Kay Ivey scheduled special primaries for the four congressional districts that would change if the state reverts to the 2023 map after the Legislature passed legislation to allow for the August primaries in the wake of the Callais ruling.
The Milligan plaintiffs also argued that Alabama’s 2023 congressional map remains in violation of the Equal Protection Clause of the Fourteenth Amendment for intentionally discriminating against Black voters.
The National Republican Congressional Committee submitted an amicus brief Monday in support of Alabama’s request for an emergency stay.
“A stay is warranted because Alabama was reasonable in rejecting a court-selected map that would expose the state to a racial gerrymandering claim,” the NRCC wrote.
The Department of Justice last week also submitted an amicus brief backing up Alabama’s argument to use the 2023 congressional map.