Federal Appeals Court Slams Alabama Legislature for Defying U.S. Supreme Court’s Milligan Ruling and Strikes Down Revised Maps

The American Democracy Minute Radio Report & Podcast for Sept. 7, 2023



Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

Tuesday, a U.S. District Court of Appeals struck down in the strongest possible terms, the Alabama legislature’s revised Congressional district maps, drawn in defiance of June’s Milligan decision by the U.S. Supreme Court.

In Milligan, the nation’s highest court affirmed Section 2 of the Voting Rights Act, compelling Alabama to add a second majority-minority Black district or QUOTE “something quite close to it.”   The legislature responded with one 50.65% majority Black district, and another with only 40%.

The three-judge court of appeals threw out that map, saying:

“We are not aware of any other case in which a state legislature — faced with a federal court order declaring that  its  electoral  plan  unlawfully  dilutes  minority  votes  and  requiring  a  plan  that  provides an  additional  opportunity  district  — responded  with  a  plan  that  the  state concedes does not provide that district. The law requires the creation of an additional district  that  affords  Black  Alabamians,  like  everyone  else,  a  fair  and  reasonable  opportunity to elect the candidates of their choice.”

The court then turned the drawing of fair maps over to an independent special master, suggesting it had no confidence in the legislature to draw a map meeting the SCOTUS requirements, or complete it prior to the 2024 election.  Still defiant, the State of Alabama says it will appeal to the U.S. Supreme Court. 

We have more at AmericanDemocracyMinute.org.  I’m Brian Beihl. 

Today’s Links

Articles & Resources:
American Redistricting Project – Timeline for Milligan v. Allen

American Democracy Minute – Alabama Redistricting Committee Defies SCOTUS Milligan Decision, Again Proposing Only One Majority Black Congressional District

U.S. District Court, Northern District of Alabama, Southern District via ACLU – ORDER – Milligan v. Allen 9 5 2023
CNN – Federal court strikes down Alabama congressional map after legislature snubbed Supreme Court
CNBC – Federal court rejects Alabama congressional map in racial gerrymandering case
The Hill – Court strikes down Alabama congressional map in scathing opinion
Brennan Center for Justice – Ongoing Voting Rights Act Redistricting Litigation After SCOTUS Ruling in Allen v. Milligan

Groups Taking Action:
NAACP Legal Defense Fund, ACLU, Greater Birmingham Ministries


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