PoliticsIn the Courts

Federal Court Blocks Alabama’s 2023 Congressional Map for 2026 Elections

Alabama Attorney General Steve Marshall criticized the ruling and indicated the state would likely appeal to the U.S. Supreme Court.

Tommy FlynnTommy Flynn
A black wooden gavel rests on its block atop a judge’s bench in an empty courtroom.
A black wooden gavel rests on its block atop a judge’s bench in an empty courtroom. Credit: Photo: Shopify Partners / Burst

BIRMINGHAM, Ala. — A three-judge federal panel has blocked Alabama from using its 2023 Republican-drawn congressional map for the 2026 midterm elections, ruling that the map was drawn with the intent to discriminate against Black voters in violation of the Voting Rights Act.

The unanimous decision, issued Tuesday by U.S. District Court judges in the Northern District of Alabama, temporarily prevents the state from switching to the 2023 map that would have reduced the number of majority-Black districts from two to one. The ruling comes just weeks after the U.S. Supreme Court had cleared the way for Alabama to use the map by lifting earlier injunctions in light of its April 29 decision in Louisiana v. Callais, which narrowed Section 2 of the Voting Rights Act.

In their opinion, the panel stated that the 2023 map was “tainted by intentional race-based discrimination” and that Alabama could not use it for the upcoming elections. The judges emphasized that the state had not provided sufficient justification for the changes under the stricter standards required after previous litigation.

The 2023 map, passed by the Republican-controlled legislature, maintained only one majority-Black district out of seven, despite Black voters making up roughly 27% of Alabama’s population. A court-drawn map with two majority-Black districts has been in use since 2023 following the Supreme Court’s Allen v. Milligan decision. The 2023 map was expected to strengthen Republican performance, potentially giving the GOP an additional seat in the delegation, which currently stands at 5 Republicans and 2 Democrats.

Alabama Attorney General Steve Marshall criticized the ruling and indicated the state would likely appeal to the U.S. Supreme Court. Marshall argued the lower court’s decision conflicts with the Supreme Court’s recent guidance in Callais. Gov. Kay Ivey’s office also expressed disappointment, noting the state had moved quickly to implement the 2023 map after the high court’s May 11 order.

The plaintiffs in the long-running Allen v. Milligan case, including the NAACP Legal Defense and Educational Fund and Greater Birmingham Ministries, welcomed the decision. They argued that the 2023 map intentionally diluted Black voting strength in violation of federal law.

The ruling creates significant uncertainty for Alabama’s election timeline. The state had already passed contingency legislation for special primaries in August if the 2023 map was approved. With the map now blocked, the current court-ordered map with two majority-Black districts will likely remain in place for the 2026 elections unless the Supreme Court intervenes again on an emergency basis.

This is the latest chapter in Alabama’s prolonged redistricting battles, which have drawn national attention as a key test of Voting Rights Act enforcement following recent Supreme Court rulings. Legal experts expect the case to return to the nation’s highest court in short order. The current maps will govern Alabama’s congressional races unless overturned on appeal.

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