Full Breakdown
Supreme Court Clears Path for Alabama to Use Contested Congressional Map Ahead of Midterms
5/12/2026, 1:59:52 AM
Supreme Court Orders Review of Alabama’s 2023 Congressional Map
On May 9 2026 the U.S. Supreme Court vacated a lower-court injunction that barred Alabama from using the 2023 Republican-drawn congressional map. The order sent the case back to the district court for reconsideration in light of the Court’s April decision in *Louisiana v. Callais*, which struck down a majority-Black district in Louisiana and narrowed the Voting Rights Act’s Section 2. The move could let Alabama replace the court-imposed map—containing two majority-Black districts—with the 2023 map that has only one.
Background & Context
Alabama’s redistricting fight began with the 2021 *Allen v. Milligan* decision, which held the state’s map violated Section 2 by packing Black voters. The legislature responded with a 2023 plan that a three-judge panel later blocked for diluting Black voting strength. The *Callais* ruling reshaped the legal landscape, prompting Alabama to seek emergency relief before the May 19 primary.
Timeline
Key dates: April 2026 – *Callais* decision narrows VRA Section 2; May 8 2026 – Attorney General Steve Marshall files an emergency petition; May 9 2026 – Supreme Court vacates the injunction; May 19 2026 – original primary scheduled, with a law allowing a special primary by August if the map is cleared.
Why It Matters
Eliminating a majority-Black district could give Republicans an extra House seat, tightening the GOP’s narrow majority and reducing Black representation in Congress.
Official Statements & Responses
Attorney General Marshall said the map reflects “lawful policy goals, not race” and that *Callais* validates Alabama’s approach. Governor Ivey asserted the state “knows our people and districts best” and urged swift legislative action. The district court denied a stay, noting only the Supreme Court could intervene.
Criticism & Opposition
The Alabama State Conference of the NAACP and other civil-rights groups warned that discarding the court-imposed map would dilute Black voting power and create confusion with absentee ballots already cast. In dissent, Justice Sotomayor called the order “inappropriate” and warned it would cause voter confusion.
Verbatim Quotes
- “We are not defeated by this,” — Evan Milligan, lead plaintiff.
- “inappropriate and will cause only confusion as Alabamians begin to vote in the elections scheduled for next week.” — Justice Sonia Sotomayor.
- “Alabama drew a map based on lawful policy goals, not race, and the Supreme Court’s recent ruling vindicates that approach. We were punished for doing the right thing, and we are asking the Court to correct that now,” — Steve Marshall, Alabama Attorney General.
- “I thank the Legislature for answering my call to address the issue in fast order. I am grateful to Speaker Ledbetter and Pro Tem Gudger for their strong leadership and focus this week. Alabama knows our state, our people and our districts best.” — Kay Ivey, Governor of Alabama.
What’s Next
If the district court lifts the injunction, Alabama will hold special primaries for the 1st, 2nd, 6th and 7th districts by August while litigation over the 14th-Amendment claim proceeds.
