This is the second time this panel has thrown out a proposed Alabama congressional map during this case. The panel has now thrown out two proposed Alabama congressional maps in this case. In the opinion, it is ordered that a Special master be appointed to redraft the congressional map in light of the short time frame before the next elections. The opinion states:
Because we enjoin use of the 2023 Plan, a new congressional districting plan must be devised and implemented in advance of Alabama’s upcoming congressional elections. The State conceded that the Legislature would not be able to convene in time for a new plan to be used in the upcoming elections… We will therefore take our “duty” to “cure” violative district “through an ordered process in advance of the elections” by instructing the Special Master and team to draw remedial map. The court ordered Allen to produce three proposed maps of the congressional districts by September 25, in the Order instructing the Special Master. The state of Alabama, the Alabama voters, and the special interest groups that brought the lawsuit will all have an opportunity to voice their objections after these maps are reviewed on October 3.The legal case Allen V. Milligan
is one that has been circling the courts for quite some time. This case was not only heard by the same panel of judges before but also reached the US Supreme Court. The court ruled in June that plaintiffs had demonstrated a reasonable probability of success, which supported a previous injunction. The court also confirmed that Section 2 was constitutional and applicable. Despite the Supreme Court ruling, the Alabama legislature drew the congressional map with only one majority black district once again in July.
Amanda Priest, spokesperson for Alabama’s state attorney general, has
stated that the state plans to seek review from the US Supreme Court once again.