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Federal Court Denies Alabama's Emergency Stay, Sends Redistricting Dispute to Supreme Court

5/9/2026, 6:20:31 AM

Emergency Denial Keeps Court-Ordered Map in Place

A three-judge panel of the U.S. District Court for the Middle District of Alabama rejected Secretary of State Wes Allen’s emergency request to halt the court-ordered congressional map. Citing lack of jurisdiction because the underlying case is already before the U.S. Supreme Court, the judges left the 2023 remedial map—used in the 2024 election and slated for the 2026 cycle—unchanged.

Legal Background and Section 2 Litigation

Federal judges have found Alabama’s 2023 congressional map violated Section 2 of the Voting Rights Act, which bars practices that dilute minority voting strength. A court-drawn remedial map created a second district giving Black voters a substantial opportunity to elect candidates, helping elect Democrat Shomari Figures in 2024. The Supreme Court’s ruling in *Louisiana v. Callais* altered Section 2 standards, prompting the state to seek a review of the map.

Key Figures and Data

Key participants are Secretary of State Wes Allen; Judges Stanley Marcus, Anna Manasco and Terry Moorer, who denied the stay; Associate Justice Clarence Thomas, who set a May 14 deadline for the Supreme Court’s emergency decision and a May 11 response deadline; and plaintiffs Milligan, Caster and Singleton, who continue the Section 2 challenge. The map has been used for the 2024 congressional elections and remains in place for the 2026 cycle, and the second district is designed to give Black voters a substantial electoral opportunity.

Impact on Voting Rights and Upcoming Elections

The denial preserves the status quo, avoiding disruption to the 2026 congressional races. Yet the pending Supreme Court review could reshape Section 2 enforcement nationwide, potentially altering how states draw districts to ensure minority voting strength.

Official Judicial Statements

The panel wrote that only the Supreme Court can address the substance of the Section 2 arguments and that a stay would upend Alabama’s status quo. It noted the state’s earlier appeal did not seek a stay, reinforcing that the issue now belongs to the higher court.

Opposition Arguments

Allen argues that *Louisiana v. Callais* fundamentally changes Section 2 analysis, justifying a new review of the map. Critics contend that the denial postpones relief for Black voters who say the current configuration still falls short of fair representation.

Conflicting Reports & Gaps

The district court declined to rule on the merits of the Section 2 claim, leaving open whether the remedial map fully complies with federal law. The Supreme Court’s pending decision will determine the map’s ultimate legality and the broader scope of Section 2.

Verbatim Quotes

  • “Only the Supreme Court has the authority to address the substance of those arguments and resolve them,” — Panel of Judges Stanley Marcus, Anna Manasco, Terry Moorer
  • “Accordingly, a stay would upend Alabama’s status quo,” — Panel of Judges Stanley Marcus, Anna Manasco, Terry Moorer

Upcoming Supreme Court Action

Alabama filed an emergency application for a stay in the Milligan, Caster and Singleton cases, asking the Supreme Court to rule by 10 a.m. EDT on May 14. Justice Thomas ordered the plaintiffs to respond by May 11, setting the timetable for the Court’s next move.