YES!!! FEDERAL COURT BLOCKS ALABAMA REDISTRICTING MAP AS RACIALLY MOTIVATED!
Just now the Federal District Court issued a preliminary injunction *blocking* Alabama from using it’s planned redistricting map because the Court found that it was *racially motivated*. This is *following* the Supreme Court decision of Callais, and the District Court took great pains to analyze the issue *including*, and *citing* to Callais.
Now, there are a few things you need to know about this:
1. This is a case that has been going on since 2021, so since *before* Callais.
2. In 2023 the Court found that a newly-drawn Alabama redistricting map violated the Voting Rights Act as it intentionally discriminated against the Black population in Alabama, and struck it down, and imposed a Court-ordered map.
3. Earlier this year the Callais v. Louisiana decision was handed down by the Supreme Court. Alabama argued to the Supreme Court that its situation was nearly identical to Louisiana’s and so the lower court’s order striking down Alabama’s 2023 map (item #2 above) should be vacated, and the Supreme Court agreed, vacating the lower court’s order *and remanding it to the lower court*. <-- this last bit is important, it sent the whole mess back to the lower court for the lower court to review it *in light of the Callais decision*.
4. Alabama reintroduced the 2023 map, and advocates immediately challenged it in court, and the Court, just now, issued a preliminary injunction barring Alabama from using the 2023 map.
Ok, you are caught up to today now.
In today's 102-page decision (included for Notes from the Front members), and relying on a 104-page exhibit package (also included for Notes from the Front members), the Court first, of course, pointed out that in *this* particular case, there had already been a finding of - and ample evidence of - the fact that the 2023 map *had been intentionally drawn to disadvantage Black voters*.
BUT, and this is really important: remember when Callais was handed down, and I told you that yes, it was a horrible, awful decision, that absolutely changed the landscape of what §2 Voting Rights Act cases would look like, *but* that also I had faith in lawyers to recalculate their angle of attack to still get a §2 case before the judges (the example I used was that they would argue "pretext")?
Well, this Milligan decision *provides the blueprint*! This is *the Court* carefully analyzing what is essentially a §2 claim, *in light of Callais*, and coming down on the side of justice.
Yes, there had already been a finding by the Court that the 2023 map was racially motivated. But in that 102-page order, and the 104 pages of evidence, there is a roadmap.
Now, of course, this will be (likely is being as you read this) immediately appealed. So, we need to watch this very closely. But the blueprint is there, and even if it gets overturned on appeal, *that* will tell us how we need to refine the blueprint.
The lesson here is: it's definitely not over.
Notes from the Front members: The 102-page opinion and order, the 104-page exhibit package, and a 5-page table of contents-type document for the exhibit package, is in your inbox now!
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P.S. If you actually read all the way to the bottom please leave a comment that includes the words "it's not over". It will show me that my efforts aren't in vain and that people actually *do* read these things, and it will drive those who just skim crazy wondering just why everyone is saying that it's not over! ;~)
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