In a sweeping rebuke of racial gerrymandering, a federal court has struck down Alabama’s 2023 congressional map, ruling that it was enacted with “intentional racial discrimination” and violates both the Voting Rights Act and the U.S. Constitution. The decision clears the way for continued use of a court-ordered map that, for the first time in state history, enabled two Black lawmakers to win seats in Congress.
The ruling follows a full trial in Milligan v. Allen, where judges concluded that Alabama lawmakers not only failed to correct the unlawful dilution of Black voting strength, but deliberately defied court orders to do so. The court found that the Legislature’s actions amounted to “a strategic attempt to checkmate the injunction that ordered it.”
Historic Breakthrough in Representation
The remedial map adopted for the 2024 cycle — drawn by a special master appointed by the court — culminated in a historic breakthrough: Alabama voters elected two Black representatives to Congress for the first time ever. U.S. Rep. Terri Sewell, D-AL-7, was re-elected, and U.S. Rep. Shomari Figures, D-AL-2, won his seat in a newly redrawn district designed to comply with the Voting Rights Act.
“This win is a testament to the dedication and persistence of many generations of Black Alabamians who pursued political equality at great cost,” the plaintiffs said in a joint statement, emphasizing that “we know that all Alabamians will benefit from today’s victory, just as we have benefited from the work of others.”
The case was first filed in 2021, on behalf of Evan Milligan, Khadidah Stone, Shalela Dowdy, Letetia Jackson, Greater Birmingham Ministries and the Alabama State Conference of the NAACP. The plaintiffs were represented by the Legal Defense Fund, ACLU, ACLU of Alabama, and the Birmingham-based firm Wiggins, Childs, Pantazis, Fisher and Goldfarb.
U.S Rep. Terri Sewell offered her own insight on the federal district court’s ruling, saying, “In yet another victory for fair representation, a federal court has once again ruled unequivocally that the State of Alabama’s 2023 congressional map illegally dilutes the power of African American voters. Despite the state’s years-long legal battle to undo our progress, this ruling ensures that Black voters in Alabama will continue to have not one but two congressional districts where we can elect a candidate of our choice. Section 2 of the Voting Rights Act is indeed alive and enforceable!”
Rep. Shomari C. Figures, D-AL-02, said the ruling reinforces the importance of equitable representation for Black voters. “The court ruled that the congressional districts in the state of Alabama were drawn in a way that did not allow Black people to have fair representation. The U.S. Supreme Court has already agreed once with the earlier ruling in this case, and it is my hope that this ruling puts the issue to rest because fair representation is central to the foundation of our democracy.”
Court Unmoved by Alabama’s “Defiance”
In its 600-page opinion, the three-judge panel concluded that the 2023 map, like its 2021 predecessor, unlawfully diluted Black voting strength by confining Black voters to a single majority-Black district despite clear evidence that two opportunity districts were both necessary and achievable.
“We cannot understand the 2023 Plan as anything other than an intentional effort to dilute Black Alabamians’ voting strength and evade the unambiguous requirements of court orders standing in the way,” the judges wrote. They found that Alabama’s Black population is “sufficiently numerous and geographically compact” to form two such districts, and that voting in the state remains “intensely racially polarized.”
The court cited trial testimony in which the state’s own legal team admitted that the Legislature “may have been hoping” to force another Supreme Court review by refusing to comply. The judges rejected this maneuver, writing that “if this record is insufficient to rebut the strong presumption of legislative good faith, then we doubt that the presumption is ever rebuttable.”
A Legacy of Resistance — and a New Chapter
Deuel Ross, deputy director of litigation at LDF, stated that Alabama’s “unprecedented defiance of the Supreme Court and the lower court orders harkens back to the darkest days of American history.” He called the ruling “a reaffirmation of the rule of law and the importance of protecting the fundamental right to vote.”
Laurel Hattix, senior attorney at the ACLU of Alabama, said the decision was “an overdue acknowledgment of Alabama lawmakers’ persistent attempts to shut out Black voters from the electoral process,” and added, “for decades, Black Alabamians have organized and fought for not just their voting rights, but the voting rights of all Americans.”
Davin Rosborough, deputy director of the ACLU’s Voting Rights Project, underscored the broader implications: “The court has once again recognized that in order to comply with the Voting Rights Act, it is essential that Alabama’s congressional map have two opportunity districts for Black voters.”
Preclearance Request and What Comes Next
The court permanently enjoined Secretary of State Wes Allen from using the invalidated 2023 map in future elections and ordered continued use of the remedial map through the remainder of the decade. A status conference is scheduled for May 28, 2025, to determine next steps.
The plaintiffs have also requested that Alabama be placed back under federal “preclearance,” a provision of the Voting Rights Act that would require the state to obtain federal approval before implementing any new congressional map — a safeguard typically reserved for jurisdictions with a history of repeated violations.
In its concluding remarks, the court warned that Alabama’s actions “fly in the face” of its own claim that it no longer needs federal oversight, writing: “We are troubled by the State’s view that even if we enter judgment for the Plaintiffs after a full trial, the State remains free to make the same checkmate move yet again — and again, and again, and again.”
As the case now enters a new phase, the ruling stands as one of the most forceful judicial rebukes of racial discrimination in redistricting in recent memory — and a landmark moment for the future of representation in Alabama.
