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The biggest surprise of the most recent Supreme Court term was a (bare majority’s) decision to uphold the Voting Rights Act in an Alabama appeal.
But the ruling didn’t end the matter. In fact, we’re seeing it in action this week, when the GOP-controlled Alabama Legislature must make a new congressional map that doesn’t unlawfully dilute Black voting power. The high court’s 5-4 majority said the state’s previous map did so.
What new map gets passed remains to be seen. Given Alabama’s struggle over the years with voting rights compliance, it will be worth watching closely how the state implements the adverse Supreme Court ruling.
In calling the special session on redistricting, the state’s Republican governor, Kay Ivey, said the Legislature “knows our state better than the federal courts do.” That may be so, but the federal courts appear to have a stronger grasp of the law; in any event, they have the authority on the matter.
However the special session unfolds, it will be significant not only for voting rights in Alabama but also nationwide.
Remember, even though the Supreme Court ruled against Alabama last month in Allen v. Milligan, the justices let the now-illegal map be used in the 2022 midterms that narrowly gave Republicans the House of Representatives. The justices likewise let maps in other states be used in those elections that are now called into question as well by the June ruling.
So how Alabama lawmakers proceed with a new map, and any further court challenges that follow, could help determine the House’s composition yet again.
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