Alabama AG files emergency request to reinstate congressional map before May 19 primary

MONTGOMERY, Ala. (WBMA) — Alabama Attorney General Steve Marshall is asking a federal court to allow the state to use its own congressional district map ahead of the May 19 primary, arguing that the recent U.S. Supreme Court decision has changed the legal landscape for voting rights redistricting challenges.

Marshall filed an emergency motion with the U.S. District Court for the Northern District of Alabama seeking to lift injunctions that have blocked Alabama from using the congressional map enacted by the Legislature. The request follows what Marshall described as a landmark Supreme Court ruling last week that “significantly changed the legal standards governing voting rights redistricting claims.”

In that ruling, the Supreme Court held that states have authority to draw district lines based on political and traditional geographic considerations, and that challengers must show race — not partisan politics — drove a state’s decisions. The court also held that pointing to racially polarized voting patterns alone is not enough to prove a violation without also showing the voting patterns could not be explained by party affiliation.

“The Supreme Court has confirmed that the claims that led to the injunctions against Alabama’s map are no longer viable,” Marshall said. “We are asking the court to lift those injunctions so that Alabama can conduct its congressional elections using the map its legislature lawfully enacted.”

The filing is the latest in a series of actions Marshall has taken since the Supreme Court’s ruling in Louisiana v. Callais. On April 30, Marshall filed emergency motions with the U.S. Supreme Court asking it to vacate the congressional map injunctions and remand the cases. On May 4, he filed a separate emergency motion with the Eleventh Circuit Court of Appeals seeking to lift injunctions involving a different set of maps — Alabama’s state Senate districts.

The motion filed today asks the original district court that issued the congressional map injunctions to stay its own orders while appeals continue.

Gov. Kay Ivey has called the Alabama Legislature into a special session this week to prepare for the possibility that elections may proceed under the state’s map. Marshall asked the court to rule no later than 3 p.m. tomorrow, May 6, saying the state needs time to make preparations before the primary.

“Alabama deserves the same opportunity as every other state to conduct its elections in an orderly manner using a map drawn by its own legislature,” Marshall said. “I will continue to do everything in my power to make that a reality. We are confident the court will recognize that last week’s Supreme Court decision requires a fresh look at these injunctions.”