In a historic win for voting rights, the U.S. Supreme Court Thursday ruled in Allen v. Milligan in favor of Black voters, with Chief Justice John Roberts and Justice Brett Kavanaugh joining the court’s three liberal justices, ruling that Alabama’s congressional map violates the Voting Rights Act, which prohibits racially discriminatory voting practices or procedures.
They gave their thumbs up to the decision of a 3-judge district court order that struck down Alabama’s 2021 congressional map, and required the redrawing of the state’s congressional map.
Even though Blacks make up 27 percent of the voting-age population in Alabama, the map passed by the state legislature only carved out one district out of seven that contains a majority of Black voters, which equates to 14% of the districts reflecting the state’s demographics.
In its decision, the high court also affirmed that under Section 2 of the VRA, race can be considered in the redistricting process to provide equal opportunities to communities of color and ensure districts are not drawn in a way that weakens their voting strength.
The five justices cited in their decision the overwhelming evidence of discrimination presented by the plaintiffs in the district court.
“Alabama attempted to rewrite federal law by saying race could not be considered in the redistricting process even when necessary to remedy racial discrimination,” said Legal Defense Fund deputy director of litigation Deuel Ross, who argued the case before the court in October.
“Today’s decision is a recognition of Section 2’s purpose to prevent voting discrimination and the very basic right to a fair shot.”
Plaintiffs from the case released a joint comment that read, in part: “The Supreme Court affirmed the district court’s order that a new map be drawn that complies with federal law—one that recognizes the diversity in our state rather than erasing it. Today we can move forward with these reaffirmed protections (that) civil rights leaders fought and died for.”
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In 2018, Michigan voters successfully passed a proposition that would eliminate gerrymandering for future elections—and it was all thanks to one woman’s Facebook post. They followed in the footsteps of a California measure passed in 2010 that put the duty of drawing Congressional districts into the hands of an independent, transparent commission—instead of leaving it to partisan politicians.
Tish Gotell Faulks, a Legal Director at the American Civil Liberties Union, hopes that when the Alabama Legislature redraws the new, more fair voting districts, more residents can vote for representatives that reflect their beliefs, values, and priorities.
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This decision sends a clear message to U.S. lawmakers that their responsibility has not changed: They must ensure that voters of color are not denied an opportunity to participate in the electoral process.
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