Circuit Court Rejects Alabama’s Redistricting Appeal

A weeklong legislative special session that began with bragging that Alabama's Congressional Delegation was going to be turned totally Republican, devolved into anger, protests and damaged political relationships has ended with a federal; court rejecting Alabama's emergency request to redistrict.

Gov. Ivey called the special session with the mission of turning at least one blue congressional district red again, perhaps both. The U.S. Supreme Court's conservative majority had given state GOP officials confidence after it ruled in a Louisiana case that race cannot be a deciding factor in redistricting. That changed the legal standing of Section 2 of the 1965 Voting Rights Act.

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Each chamber of the legislature passed bills setting contingency plans for special elections in the event they win their appeal. Gov. Ivey signed them late Friday.

However, the lower court rejected Alabama Attorney General Steve Marshall's appeal of an injunction that barred redistricting in Alabama until 2030, saying they lack the authority to intervene while the case is being appealed to the nation’s highest court.

Attorneys for plaintiffs who sued to create the current federal court drawn maps have until 5 p.m. Monday to submit responses to associate justice Clarence Thomas. There is no indication of when Thomas or the full court might rule.

Former federal judge and current civil rights attorney U.W. Clemon issued a statement this morning saying her believes the high court will reject Alabama's appeal.

“I encourage everybody, particularly those who have been denied the vote in the past. I encourage all of you to go out on May the 19th and exercise your God-given and constitutionally given right to vote,” the 83-year-old said in his statement.

AG Marshall disagrees with Clemon, stating in his emergency appeal that Alabama's current map, "...is irreconcilable with Louisiana v. Callais." He believes Alabama is highly likely to succeed in its appeal.

West Alabama Republican Representatives Ron Bolton and Bill Lamb each point out the bills passed in the special session are contingencies and nothing will change unless the supreme court lifts the injunction on redistricting before 2030.

For now, Alabama’s May 19th Primary Election will move forward, under the current congressional map, unless the Supreme Court intervenes.