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Court to hear arguments Tuesday on whether to subject Alabama to preclearance

Plaintiffs in Alabama’s congressional map challenge sought federal oversight of its redistricting process, a decade after a landmark decision freed the state.

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Plaintiffs challenging Alabama’s congressional district map won a huge victory in 2023 with the U.S. Supreme Court allowing a lower court ruling to force the state to create a second majority-minority Congressional district.

The plaintiffs will return before the court on Tuesday morning to argue for the state to be put under “preclearance,” meaning the state would be subjected to federal oversight of its redistricting process.

The landmark Shelby County v. Holder decision allowed the state to be free of preclearance in 2013.

Then-attorney general of the United States Merrick Garland praised the decision when it came in 2023.

“Today’s decision rejects efforts to further erode fundamental voting rights protections, and preserves the principle that in the United States, all eligible voters must be able to exercise their constitutional right to vote free from discrimination based on their race,” Garland said. “The right to vote is the cornerstone of our democracy, the right from which all other rights ultimately flow.”

But under President Donald Trump, the Department of Justice has filed a statement of interest in the case opposing preclearance requirements. 

“Section 3(c) preclearance is a drastic departure from basic principles of federalism, and nothing presented to the court justifies the extraordinary requirement of forcing Alabama to have redistricting plans pre-approved by the federal government,” said Deputy Assistant Attorney General Michael E. Gates of the Justice Department’s Civil Rights Division.

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“The issues raised by the plaintiffs in this case have been remedied by the State of Alabama’s agreement to use the Remedial Map and pledge to not seek to redistrict again until after the next Census—over five years from now,” said United States Attorney Prim Escalona for the Northern District of Alabama. “The plaintiffs’ request to impose preclearance would unnecessarily tax principles of equal sovereignty that afford Alabama the Constitutional right to manage its own elections.”

The nonprofit Alabama Values, which has supported the plaintiffs in the case, is calling on citizens to pack the courtroom Tuesday to show the level of interest from the community. The hearing will be held at 9 a.m. in the Vance Federal Building in Birmingham.

Jacob Holmes is a reporter. You can reach him at [email protected]

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