Anadolu Agency via Getty Images
In essence, the state is fighting a court order that was upheld by the high court just months ago. The state is essentially fighting an order the high court just affirmed a few months ago. In June, it ruled that Alabama’s congressional map was in violation of the Voting Right Act, because the GOP-dominated state legislature created only one congressional district where Black voters were either a majority, or very close to that. The state legislature didn’t do this. Instead it upped the number of Black voters from 30% to 40% in one of the districts.
That prompted a sharp rebuke from the lower court; it accused the state of delaying tactics and deliberately defying its directive and then appointed a special master to draw a new congressional map with two majority Black districts. The three-judge panel did not agree to suspend its order, stating that Alabama voters should not be forced to vote in another election under a “illegal map”. The state is now appealing to the Supreme Court a second-time, hoping to delay the creation of a brand new map as it pursues another appeal. The state is attempting to remove Justice Brett Kavanaugh who, along with Chief Justice John Roberts and the three liberals of the court, ordered a second district that was majority Black. Kavanaugh, in a concurring view, said that he was in agreement with Roberts’ opinion for the time being but “race-based districting cannot continue indefinitely in the future.” In fact, Alabama’s appeal argues that the Voting Right Act, which was intended to combat the diluting of the Black vote is unconstitutional. If the Supreme Court allowed that claim to go forward now, then it would delay the implementation of any new congressional map which has two districts with a majority Black.