Alabama AG makes Supreme Court play that could deal decisive blow in redistricting war

Alabama’s top law enforcement officer filed a Supreme Court challenge aimed at overturning a prior ruling that limited Republicans in decennial redistricting, after a recent Louisiana case raised questions about how the court previously ruled there.

Louisiana’s “Callais” ruling struck down the state’s map, including districts centered on New Orleans and a narrow majority-minority corridor from Baton Rouge. Alabama leaders said the decision conflicts with or calls into question Supreme Court precedent affecting their state by requiring racial factors to be considered when drawing congressional districts.

“Now they have a framework for Alabama to directly defend what the legislature did both in 2021 and 2023,” said Alabama Attorney General Steve Marshall, telling Fox News Digital he was “thrilled” to see where the court came down on “Callais” at the end of April.

“And that is, drawing maps based on historical redistricting principles that now I think Callais makes clear were constitutional exercises of that authority,” Marshall said, highlighting SCOTUS’ analysis that race should not predominate when drawing congressional districts.

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“And then unlike Louisiana, which was able to get direct relief through that decision, we now have to be removed from the injunction [against Alabama’s prior map] by the three-judge panel in order to either go back to the map that is being challenged or give the legislature the authority to draw a new map.”

A previous Supreme Court ruling, Allen v. Milligan, invalidated Alabama’s prior redistricting effort, with critics saying the decision wrongly weighted racial factors in creating what became a second Democratic-favored district in the ruby-red state.

If Alabama is able to get out from under Milligan, it could have national implications for Democrats’ attempts to gain enough seats in the slim GOP-majority U.S. House this fall, as Montgomery’s so-called Livingston map, originally struck down in the 2023 case, would see new life.

Marshall, who is also running to succeed retiring Sen. Tommy Tuberville, R-Ala., this fall, said urgency before the court is important with the May 19 primary approaching.

 “Because the lower court’s injunction cannot stand in light of the Supreme Court’s ruling, we have asked the court to lift the injunction. Alabama deserves the right to use its own maps, just like every other state.” 

The AG said he is working separately from state lawmakers, who are in special session through Friday to address the legislative side of the fight, and that his office is “singularly focused” on getting legal relief from the Supreme Court.

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He also said that, regarding race, the Alabama of the 2020s is not the Alabama of the 1960s and that there are few, if any, barriers to minority suffrage in the Yellowhammer State.

“You saw some of that sentiment from Justice Kavanaugh in a concurrence in the [Milligan] case that Alabama had there a few years ago, saying there’s a point in time in which we have to acknowledge that circumstances have changed,” he said, as the prior case forced Alabama to draw a second district where Black voters have a meaningful opportunity to elect a candidate of their choice.

For Democratic critics like New Jersey Sen. Cory Booker, who descended on Alabama to push back — as he did at a counter-redistricting forum in Birmingham with the city’s Mayor Randall Woodfin and Democratic gubernatorial candidate Doug Jones — Marshall suggested they get their own house in order up north.

“[They’re] arguing for proportional representation, which is basically what they are saying, they make that same argument in Maine, in Rhode Island, in New Hampshire — where you don’t see a single congressional member there from the Republican Party.”

Underlining that New England states have large blocs of “unaffiliated” or independent voters, gerrymander critics often point to the region because those who are Republican essentially have no voice in Washington.

Maine is considered the most moderate of the states, with an estimated Republican bloc of about 30%, while Vermont’s more vague registration system resulted in about the same percentage of vote share going to President Donald Trump in 2024.

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Connecticut, Rhode Island and Massachusetts all have between 10% and 40% Republican vote share, presuming a bloc of the “unaffiliated” group votes at times for Republican candidates. Those states have more than 40% of their people registered unaffiliated or similar.

Fox News Digital reached out to Booker earlier this week on similar criticism but did not receive a response.

Marshall said his work is not necessarily in concert with the legislature, but the two are on similar tracks.

“While we’ll obviously watch what the legislature is doing, our job is to secure the relief from the [2023 redistricting] injunction as quickly as possible.”

“And the other thing, not only are we working on the state congressional map, but it’s also, we have a state Senate district [map] likewise that was subject to redrawing based upon a [Voting Rights Act] Section 2 challenge,” he said.

His office is also involved in the New Orleans-based 11th Circuit Court of Appeals to challenge the state’s senatorial map while seeking Supreme Court review on the congressional front.

While Marshall spoke to Fox News Digital before the Supreme Court of Virginia struck down the Democratic-led redistricting map there, he called Richmond’s move “clearly [done] for hyper-political reasons that kept none of the traditional principles in mind.”

Alabama’s redistricting efforts have aimed to follow the letter and spirit of the law, and the attorney general said he hopes to have a real chance of receiving favorable corrective action from the nation’s highest court and remedying a fight the Yellowhammer State previously lost.

Secretary of State Wes Allen indicated the May 19 primary will go on as expected, meaning Marshall’s motions may come just in time to give Republicans another incremental advantage in a nationally relevant electoral landscape.