Supreme Court Permits Alabama to Use 2023 Congressional Map With One Majority-Black District

The U.S. Supreme Court on Monday vacated a lower-court injunction that had blocked Alabama’s 2023 congressional map and required creation of a second majority-Black district. In an unsigned 6-3 order, the justices remanded the case for reconsideration in light of the court’s recent Louisiana ruling that restricted how Section 2 of the Voting Rights Act applies to redistricting claims.

The order did not reach the merits of the plaintiffs’ separate 14th Amendment intentional-discrimination claims.

Alabama will now hold a special primary election on Aug. 11 for the 1st, 2nd, 6th and 7th congressional districts. The state’s regular primary remains scheduled for May 19, with absentee voting already underway; votes cast in those four congressional races on May 19 will be tabulated and made public but will not determine nominees.

Gov. Kay Ivey announced the special-election schedule and said, “Alabama knows our state, our people and our districts best.

The 2023 map, drawn by the Republican-led legislature, contains one majority-Black district out of seven. Lower courts had previously blocked that map after finding it likely violated the Voting Rights Act by diluting Black voting strength. The state’s currently used map contains two majority-Black districts. Republicans hold six of the state’s seven House seats under the current map.

Three justices dissented from the Supreme Court’s order, writing that vacating the lower-court injunction was unnecessary because the district court’s finding of intentional discrimination under the 14th Amendment stood independently of the Louisiana precedent.

The dissent warned that the move would create confusion with voting deadlines approaching. The Supreme Court order explicitly directed the lower court to determine on remand whether its prior 14th Amendment reasoning survives the new precedent.

Voting-rights groups had filed an emergency application asking the court to keep the current map with two majority-Black districts in place, citing the proximity of the election and already-mailed absentee ballots. The Supreme Court order did not address the merits of the 14th Amendment claims directly.

State election officials said local workers are preparing for both the May 19 primary and the August special election. Alabama officials said they would remain in close contact as the situation develops and emphasized the need for secure elections. The order leaves the 2023 map in effect pending the lower court’s reconsideration.