Supreme Court halts order for Alabama to use US House map with 2 largely Black districts

WASHINGTON (AP) — The U.S. Supreme Court on Monday set the stage for Alabama to get rid of one of two largely Black congressional districts before this year’s midterm elections, creating an opening for Republicans to gain an additional U.S. House seat in a partisan battle for control of the closely divided chamber.

The decision follows a Supreme Court ruling in April that struck down a majority-Black U.S. House district in Louisiana as an unconstitutional racial gerrymander, significantly weakening a provision of the federal Voting Rights Act.

Alabama officials had pointed to the Louisiana case as reason for the Supreme Court to end a judicial order to use a court-imposed House map until after the 2030 census. The high court overturned that order and directed a lower court to reconsider the case in light of the Louisiana decision. That could free the state to instead use a map approved in 2023 by the Republican-led legislature that includes only one district where Black residents comprise a majority.

Anticipating a court reversal, Alabama officials recently enacted a law allowing it to void the results of a May 19 primary for some congressional districts and instead hold a new primary under the revised district boundaries. It’s up to Republican Gov. Kay Ivey to set a date for a special primary election, though it must occur by August.

In a dissent to Monday’s brief ruling, Justice Sonia Sotomayor said the Louisiana case had reversed only one of the grounds upon which the Alabama case had been decided. Although the Voting Rights Act violation is gone, Sotomayor said a lower court could still find that Alabama had intentionally discriminated against Black voters in violation of the 14th Amendment.

The decision was a setback for Black residents and groups that had waged a legal fight for several years to get a second Alabama congressional district where Black voters had an opportunity to elect a candidate of their choice.

Evan Milligan, the lead plaintiff in the Alabama congressional case, said Monday that he is disappointed in the decision but added that it could be a “call to action” for voters.

“We are not defeated by this,” Milligan said.

Alabama is one of several states trying to change their congressional district boundaries before the November elections as part of a nationwide redistricting battle being won, so far, by Republicans.

Voting districts typically are redrawn once a decade, immediately after a census, to account for population changes. But President Donald Trump urged Texas Republicans last year to redraw congressional districts to their advantage in a bid to hold onto a narrow House majority in the midterm elections.

Democrats in California countered with their own redistricting. And numerous Republican-led states have followed. The high court’s Louisiana ruling provided fuel for Republicans to intensify their redistricting efforts.

So far, Republicans think they could win as many as 14 additional seats in the November elections from new districts enacted in Texas, Missouri, North Carolina, Ohio, Florida and Tennessee. Democrats think they could win up to six additional seats from new districts in California and Utah. But Democrats suffered a major setback when the Virginia Supreme Cour t overturned a voter-approved redistricting amendment that could have yielded four more seats for the party.

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Lieb reported from Jefferson City, Missouri, and Chandler from Montgomery, Alabama.

David A. Lieb, Kim Chandler And Mark Sherman, The Associated Press