A federal three-judge panel set a hearing for Friday in the case involving Alabama’s attempt to use its 2023 congressional map for this year’s elections.
After the U.S. Supreme Court ruling last month that narrowed the Voting Rights Act, the justices ordered a lower court in Alabama to reconsider the injunction barring the state from using the map adopted by the Legislature. The three-judge panel previously ruled that the 2023 map was racially discriminatory.
Plaintiffs in the redistricting case have asked the court to issue a preliminary injunction to prevent the state from implementing the 2023 map, citing the need to maintain the “status quo” as Alabama voters head to the polls Tuesday.
“Plaintiffs and all Alabama voters will be irreparably harmed by the ‘chaos’ and confusion that a change to the district maps at this time would bring,” the plaintiffs wrote.
They also argue that the 2023 map remains unlawful despite the Louisiana v. Callais decision because the 2024 court-drawn congressional map was drawn “race-blind” with little difficulty.
But after the Supreme Court sent Alabama’s redistricting case back to the lower court, the state forged ahead with its plan to use the 2023 map this year. Gov. Kay Ivey scheduled special primaries for Aug. 11 involving four congressional districts that would change.
Tuesday’s primary results for Alabama’s 1st, 2nd, 6th and 7th congressional districts will be vacated in anticipation of the August primaries, according to the Alabama Secretary of State’s office. Republicans hope to flip Alabama’s 2nd District seat red to boost GOP chances in the midterms.
In response to the plaintiff’s request for an injunction, the state argues that the recent Supreme Court decision that axed a majority-minority district in Louisiana opened the door for Alabama to implement the 2023 map this year.
Alabama argues that the Legislature’s efforts during the recent special session to return to that map were based on “partisan and political motives” and not race.
The three-judge panel set the motions hearing for Friday at 9 a.m. in Birmingham. The court directed Alabama Director of Elections Jeff Elrod to appear.