May 27, 2026
A three-judge panel on Tuesday blocked Alabama Republicans’ congressional map that would’ve given the party a potential pickup opportunity in the midterms.
The judges ruled the Supreme Court’s recent blockbuster decision narrowing the Voting Rights Act does not impact their finding that the map intentionally discriminates against Black voters in violation of the Constitution.
It means Alabama cannot use its design this year unless Republican leaders appeal directly to the Supreme Court and succeed.
After that exacting review, we conclude that a preliminary injunction must issue. Ultimately, we cannot see our way clear to requiring Alabamians to cast their votes in the 2026 elections under a districting plan tainted by intentional race-based discrimination. And under the unusual circumstances of this case, we conclude that a limited order requiring the Secretary to continue using this Court’s race-blind map will not disrupt Alabama’s elections (all candidates ran under the race-blind map until fifteen days ago, and all voters remain districted under the race-blind map in electoral computer systems.
We do not lightly intrude in state affairs, but our previous review of the undisputed evidence left us in no doubt that Alabama’s legislatively enacted plan (the "2023 Plan”) intentionally discriminated based on race in violation of the Constitution. Our re-examination in light of Callais yields the same conclusion.
We again cannot understand the 2023 Plan as anything other than intentionally discriminatory. When the Legislature enacted the 2023 Plan, it made a calculated, purposeful decision to refuse to provide the remedy for discriminatory vote dilution that our order (affirmed by the Supreme Court) required. The Legislature well knew that a plan without an additional Black-opportunity district would dilute Black Alabamians’ opportunity to participate in the political process, and it intentionally enacted that very plan.
Posted by: Timothy Birdnow at
11:20 AM
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