Voting Rights Groups Successfully Block Discriminatory Alabama Congressional Map
District Court Reinstates Previous Congressional Map Won by Milligan Case
Today, the three-judge district court in Milligan v. Allen again blocked Alabama from using a 2023 congressional map that the court found was “tainted by intentional race-based discrimination.” The order reinstates the court’s remedial map with two Black opportunity districts, which Alabama used in the 2024 elections and the May 2026 primary elections. Two weeks ago, Alabama attempted to return to its discriminatory 2023 map after the Supreme Court sent the case back to the district court to review again in light of the Supreme Court’s recent decision in Louisiana v. Callais.
In its ruling, the district court again sided with the Milligan plaintiffs in finding that Alabama’s 2023 map violates the Constitution. The Milligan plaintiffs are the only group of plaintiffs who have succeeded on this claim. The plaintiffs in the Milligan case are Evan Milligan, Khadidah Stone, Letetia Jackson, Shalela Dowdy, Greater Birmingham Ministries, and the Alabama State Conference of the NAACP, who are represented by the Legal Defense Fund, American Civil Liberties Union, ACLU of Alabama, Hogan Lovells LLP, and Wiggins, Childs, Pantazis, Fisher & Goldfarb.
In response, plaintiffs and counsel issued the following statement:
“We are thankful that the district court has again vindicated the constitutional rights of voters in the Black Belt, and we look forward to voting under a fair map this fall. The court saw through Alabama’s blatant attempt to reinstate a race-based congressional map that the legislature deliberately enacted to deny Black voters a voice in Congress. As testimony at Friday’s hearing confirmed, state officials do not have enough time to switch maps before the August primary without spawning chaos and potentially serious errors. Rather than accept this reality, state officials have knowingly sown confusion and doubled-down on their attacks on Black voters. The court’s order today to reinstate the Milligan remedial map is a crucial victory for fair representation and brings necessary clarity to the state’s 2026 elections.”
In 2021, the Milligan plaintiffs challenged a 2021 Alabama congressional map that unlawfully diluted Black political power. In 2023, the Supreme Court affirmed a lower court’s ruling striking down the 2021 map. That same year, the Alabama legislature drew another map. After weeks of trial, the district court ruled that Alabama’s 2023 map had a discriminatory result in violation of Section 2 of the Voting Rights Act and that the legislature had intentionally discriminated against Black voters in violation of the U.S. Constitution. Among other evidence, the court found that the legislature intentionally set a racial target, drew districts that it knew violated the 2023 Supreme Court ruling, and explicitly sought to protect a white community based on its “French and Spanish colonial heritage” at the expense of the large Black community in Alabama’s Black Belt. In 2023 and again in 2025, the court struck down the 2023 map and ordered the use of Alabama’s current court-drawn map. This court-drawn map was used in the 2024 election, and voters have already cast ballots under it in the 2026 primary elections.
This month, the Supreme Court vacated the injunction requiring the Secretary of State of Alabama to use the court-ordered map with two Black opportunity districts. Rather than rule on the case, the Supreme Court returned it to the district court to reexamine its prior decisions in light of the devastating and profoundly flawed ruling in Louisiana v. Callais, in which the court greatly weakened Section 2 of the Voting Rights Act.
In response to the Supreme Court’s actions, the Milligan plaintiffs immediately filed for a temporary restraining order and then a preliminary injunction to keep the current court-ordered map in place for 2026.
The district court has set this case to be ready for re-trial no later than January 2027. Alabama state officials filed a notice to appeal to the Supreme Court.