CASE SUMMARY
On November 4, 2021, a group of African-American Alabama voters filed a federal lawsuit against Alabama's Secretary of State challenging the state's enacted congressional plan as violating the federal Voting Rights Act (“VRA”). They alleged the plan diluted African-American voting strength in violation of § 2 of the VRA because it failed to include a second majority-minority district. They sought a judicial declaration that the plan violated the VRA, a preliminary and permanent injunction barring the plan from use in future elections, and a court order requiring the State to enact a new plan containing two majority-minority districts.
- On November 16, 2021, the district court transferred the case to the U.S. District Court for the Northern District of Alabama where other redistricting lawsuits were already pending.
- On January 24, 2022, the district court issued a preliminary injunction after finding the plaintiffs were “substantially likely” to prevail on their VRA § 2 claim and gave the State 14 days to pass a remedial plan. The State appealed to the 11th Circuit Court of Appeals and requested an emergency stay from the U.S. Supreme Court.
- On February 7, 2022, the U.S. Supreme Court (“SCOTUS”) stayed the district court’s preliminary injunction, thereby allowing the plan to be used in the 2022 election. The Court also decided to hear the State’s appeal directly by treating the stay petition as a petition for certiorari before judgment.
- SCOTUS oral arguments were held on October 4, 2022.
- On June 8, 2023, SCOTUS affirmed the district court’s preliminary injunction in a 5-4 decision written by Chief Justice Roberts and joined by Justices Kavanaugh, Kagan, Sotomayor, and Jackson.
- On July 21, 2023, Alabama repealed its congressional plan and enacted a new one (“2023 plan”). On August 14, 2023, the district court held a hearing to consider the plaintiffs’ objections to the 2023 plan.
- On September 5, 2023, the district court issued an injunction barring the 2023 plan from being used in future elections after finding it failed to remedy the § 2 VRA violation. The court appointed a special master and directed them to file 3 proposed remedial plans by September 25, 2023. Alabama sought an emergency stay from SCOTUS but it was rejected on September 26.
- The district court held a hearing on the special master’s remedial plans on October 3, 2023, and two days later the district court selected the special master’s “Remedial Plan 3” to be used in the 2024 elections.
Related Cases: Milligan v. Merrill; Robinson v. Ardoin; Galmon v. Ardoin
Similar Cases: Singleton v. Merrill
CASE LIBRARY
U.S. District Court for the Northern District of Alabama - No. 2:21-cv-1536 [formerly No. 2:21-cv-751, transferred from M.D. Ala.]
- Complaint for Declaratory and Injunctive Relief - 11/4/21
- Order - 11/8/21
- Plaintiffs' Response to Order to Show Cause - 11/15/21
- Defendant's Response to Show Cause Order - 11/15/21
- Order Transferring Case - 11/16/21
- Order Setting Deadline for Motion to Consolidate Responses - 11/18/21
- Conference Order - 11/18/21
- Caster Plaintiffs' Response to Defendants' Motion for Consolidation - 11/22/21
- Joint Status Report - 11/22/21
- Scheduling Order for Preliminary Injunction Proceedings - 11/23/21
- Defendant's Answer to Plaintiffs' Complaint - 11/30/21
- Joint Stipulated Facts for Preliminary Injunction Proceedings - 12/7/21
- Secretary of State John H. Merrill's Motion for Protective Order - 12/14/21
- Expert Report of Maxwell Palmer, PH.D. - 12/14/21
- Declaration of Dr. Bridgett King - 12/14/21
- Secretary of State's Notice of Filing Expert Reports - 12/14/21
- Declaration of William S. Cooper - 12/14/21
- Protective Order - 12/14/21
- Plaintiffs' Motion for Preliminary Injunction and Memorandum in Support - 12/15/21
- Order - 12/16/21
- Parties' Joint Request for Pre-Hearing Conference - 12/17/21
- Senator McClendon and Representative Pringle's Motion to Intervene - 12/20/21
- Second Declaration of Dr. Bridgett King - 12/21/21
- Second Declaration of William S. Cooper - 12/21/21
- Secretary of State's Notice of Filing Supplemental Expert Reports - 12/21/21
- Plaintiffs' Response to Motion to Intervene - 12/21/21
- Order - 12/22/21
- Defendants' Response in Opposition to Plaintiffs' Motions for Preliminary Injunction - 12/22/21
- Joint Pretrial Report - 12/22/21
- Parties' Joint Submission on Coordinated Preliminary Injunction Hearing and Discovery - 12/23/21
- Declaration of William S. Cooper - 12/23/21
- Defendants' Notice of Persons Participating in Hearing - 12/27/21
- Plaintiffs' Notice of Persons Participating in Hearing - 12/27/21
- Plaintiffs' Reply in Support of Motion for Preliminary Injunction - 12/27/21
- Order - 1/8/22
- Defendants' Proposed Findings of Fact and Conclusions of Law - 1/14/22
- Plaintiffs' Proposed Findings of Fact and Conclusions of Law - 1/14/22
- Table of Authorities for Defendants' Proposed Findings of Fact and Conclusions of Law - 1/16/22
- Order - 1/24/22
- Preliminary Injunction Order - 1/24/22
- Notice of Appeal - 1/25/22
- Defendants' Emergency Motion for Stay Pending Appeal - 1/25/22
- Plaintiffs' Opposition to Defendants' Emergency Motion for Stay Pending Appeal - 1/26/22
- Order on Motion to Clarify - 1/26/22
- Order Denying Defendants' Emergency Motion for Stay Pending Appeal - 1/27/22
- Caster Plaintiffs' Proposed Remedial Process - 1/28/22
- Notice Regarding Defendants' Position on Issues Raised by the Court - 1/28/22
- Plaintiffs' Exhibit List - 2/1/22
- Defendant John H. Merrill's Exhibit List - 2/1/22
- Caster Plaintiffs' Response to Court Inquiry for Remedial Proceedings - 2/1/22
- Notice Regarding Defendants' Position on Issues Raised by the Court - 2/1/22
- Order - 2/3/22
- Order Appointing Special Master and Expert Cartographer - 2/7/22
- Sen. McClendon and Rep. Pringle's Statement Regarding A Remedial Plan - 2/7/22
- Time Sensitive Motion to Intervene by Jeff Coleman - 2/13/22
- Caster Plaintiffs' Response to Singleton Plaintiffs' Emergency Motion for a Ruling on Their Renewed Motion for a Preliminary Injunction - 2/14/22
- Defendants' Response to Singleton Plaintiffs' Motion for Expedited Ruling - 2/14/22
- Caster Plaintiffs' Response to Emergency Motion to Intervene - 2/16/22
- Defendants' Response to Motion to Intervene - 2/17/22
- Order Denying Motion to Intervene - 2/25/22
- Order - 4/7/22
- Defendants' Response to the Court's April 7, 2022 Order Regarding Plaintiffs' Request for Discovery, Briefing, and Trial - 4/12/22
- Order - 4/15/22
- Defendants' Response to the Court's April 15, 2022 Order Regarding Dates Related to the 2024 Congressional Election - 4/20/22
- Order - 5/2/22
- Order - 11/21/22
- Joint Status Report - 1/5/23
- Scheduling Order - 1/10/23
- Order - 2/8/23
- Response to Order - 2/27/23
- Parties' Joint Status Report on Fees - 4/30/24
- Order - 7/11/24
- Unopposed Motion for Entry of Order Concerning Costs and Attorneys' Fees - 7/15/24
U.S. Court of Appeals for the Eleventh Circuit - No. 22-10272
- Time Sensitive Motion for Stay Pending Appeal - 1/27/22
- Time Sensitive Motion to Expedite Briefing Schedule for Appellants' Time Sensitive Motion for Stay Pending Appeal - 1/27/22
- Order - 1/28/22
- Notice of Petition for Writ of Certiorari - 2/7/22
- Unopposed Motion to Place Appeal in Abeyance and Vacate All Deadlines - 2/10/22
- Notice of Opinion in 21-1087 - 6/12/23
- Notice of Order Vacating Stays - 6/12/23
- Transmission of the Judgment of the Supreme Court of the United States - 7/12/23
- Order - 8/9/23
Supreme Court of the United States - No. 21-1087 [Together with No. 21-1086] [Formerly No. 21A376, Application for Stay]
- Emergency Application for Administrative Stay and Stay or Injunctive Relief Pending Appeal to the Supreme Court of the U.S. - 1/28/22
- Brief of the States of Louisiana, Arkansas, Arizona, Georgia, Indiana, Kentucky, Missouri, Mississippi, Montana, Oklahoma, South Carolina, Texas, Utah and West Virginia as Amici Curiae in Support of Applicants - 1/31/22
- Motion for Leave to File Amicus Curiae Brief, Motion for Leave to File Brief on 8 1/2 by 11 Inch Paper, Amicus Curiae Brief in Support of Emergency Application for Administrative Stay and Stay or Injunctive Relief Pending Appeal - 1/31/22
- Motion for Leave to File Brief as Amicus Curiae and Brief for Alabama Center for Law and Liberty as Amicus Curiae in Support of Applicants - 2/1/22
- Motion for Leave to File Amicus Curiae Brief and Amicus Curiae Brief of the National Republican Redistricting Trust in Support of Applicants - 2/1/22
- Motion of United States Representatives from Alabama for Leave to File Brief as Amici Curiae in Support of Applicants - 2/1/22
- Respondents' Opposition to Emergency Application for Stay Pending Resolution of Direct Appeal to This Court - 2/2/22
- Reply in Support of Emergency Application for Administrative Stay and Stay or Injunctive Relief Pending Appeal to the U.S. Supreme Court - 2/3/22
- Order Staying District Court's Order - 2/7/22
- Order - 2/22/22
- Order - 2/28/22
- Letter Motion for Extension of Time - 3/1/22
- Appellees' and Respondents' Joint Motion to Modify or Amend the Question Presented - 3/4/22
- Response to Appellees' and Respondents' Joint Motion to Modify or Amend the Question Presented - 3/8/22
- Brief for Appellants - 4/25/22
- Brief of Alabama Center for Law and Liberty as Amicus Curiae in Support of Appellants and Petitioners - 4/29/22
- Brief of Senator John Braun, Leader of the Washington Senate Republican Caucus, et al., as Amici Curiae in Support of Appellants - 4/29/22
- Brief of the Public Interest Legal Foundation as Amicus Curiae in Support of Appellants - 4/29/22
- Brief for United States Representatives From Alabama as Amici Curiae in Support of Appellants-Petitioners - 5/2/22
- Brief for America First Legal as Amicus Curiae in Support of Appellants-Petitioners - 5/2/22
- Amicus Curiae Brief of the Lawyers Democracy Fund in Support of Appellants-Petitioners - 5/2/22
- Brief of Citizens United, et al., as Amici Curiae in Support of Appellants and Petitioners - 5/2/22
- Brief of Singleton Plaintiffs as Amici Curiae in Support of Neither Party - 5/2/22
- Amicus Curiae Brief for John Wahl, Chairman, Alabama State Republican Executive Committee in Support of Alabama Secretary of State John Merrill - 5/2/22
- Brief of the Project on Fair Representation as Amicus Curiae in Support of Appellants-Petitioners - 5/2/22
- Amici Curiae Brief of the States of Louisiana, Arizona, Arkansas, Georgia, Indiana, Missouri, Mississippi, Montana, Nebraska, Oklahoma, South Carolina, Texas, Utah and West Virginia in Support of Appellants-Petitioners - 5/2/22
- Brief of Coastal Alabama Partnership as Amicus Curiae in Support of Appellants - 5/2/22
- Brief of Amicus Curiae The National Republican Redistricting Trust in Support of Appellants-Petitioners - 5/2/22
- Brief Amicus Curiae for the American Legislative Exchange Council in Support of Petitioner - 5/2/22
- Brief of Amicus Curiae The Republican National Committee in Support of Appellants/Petitioners - 5/2/22
- Caster Respondents' Unopposed Application to Exceed Word Limit - 6/24/22
- Brief for Milligan Appellees - 7/11/22
- Brief for Caster Respondents - 7/11/22
- Brief of Constitutional Accountability Center as Amicus Curiae in Support of Appellees and Respondents - 7/18/22
- Brief of the American Bar Association as Amicus Curiae in Support of Appellees and Respondents - 7/18/22
- Amicus Brief for Press Robinson, NAACP Louisiana State Conference, et al. - 7/18/22
- Brief of Amicus Curiae Professor Travis Crum in Support of Appellees/Respondents - 7/18/22
- Brief of Amici Curiae Professors Jowei Chen, et al., in Support of Appellees/Respondents - 7/18/22
- Brief on Behalf of UCLA Social Scientists as Amicus Curiae in Support of Appellees - 7/18/22
- Brief of Representatives Terri Sewell, Joyce Beatty, Gregory Meeks, and G.K. Butterfield as Amici Curiae in Support of Appellees and Respondents - 7/18/22
- Appellees and Respondents' Joint Motion for Divided Argument - 7/18/22
- Brief of the Central Alabama Fair Housing Center, et al., as Amici Curiae in Support of Appellees and Respondents - 7/18/22
- Brief of Amicus Curiae the Brennan Center for Justice in Support of Appellees/Respondents - 7/18/22
- Brief for Amici Curiae the Southern Poverty Law Center, the League of Women Voters of Alabama, the League of Women Voters of the United States, and Stand-Up Mobile in Support of Affirmance - 7/18/22
- Brief of Computational Redistricting Experts as Amici Curiae in Support of Appellees and Respondents - 7/18/22
- Brief of Amicus Curiae Campaign Legal Center in Support of Appellees and Respondents - 7/18/22
- Brief of Republican Former Governors as Amici Curiae in Support of Appellees and Respondents - 7/18/22
- Brief for Amici Curiae Lawyers' Committee for Civil Rights Under Law, et al., in Support of Appellees/Respondents - 7/18/22
- Brief for Alabama Historians as Amici Curiae Supporting Appellee-Respondents - 7/18/22
- Brief for Voting Rights Practitioners as Amici Curiae in Support of Appellees and Respondents - 7/18/22
- Brief of the District of Columbia, New York, et al., as Amici Curiae in Support of Appellees and Respondents - 7/18/22
- Brief for Local Governments as Amici Curiae Supporting Appellees and Respondents - 7/18/22
- Brief of U.W. Clemon, Fred D. Gray, et al., as Amici Curiae for Appellees and Respondents - 7/18/22
- Brief of Bipartisan Group of Senators and Congressional Staff Member-Supporters of the 1982 Voting Rights Act Amendments and 2006 Voting Rights Act Reauthorization as Amici Curiae in Support of Appellees and Respondents - 7/18/22
- Brief of Amicus Curiae National Congress of American Indians in Support of Appellees and Respondents - 7/18/22
- Brief for the United States as Amicus Curiae in Support of Appellees and Respondents - 7/18/22
- Motion of the United States for Leave to Participate in Oral Argument as Amicus Curiae, for Divided Argument, and for Enlargement of Time for Argument - 7/18/22
- Reply Brief for Appellants/Petitioners - 8/24/22
- Opinion - 6/8/23
U.S. District Court for the Northern District of Alabama - No. 2:21-cv-1536 [Remand]
- Defendant's Notice Regarding Legislature's Intent to Enact New Redistricting Plan - 6/15/23
- Milligan/Caster Plaintiffs' Joint Motion for Entry of Remedial Scheduling Order - 6/16/23
- Order - 6/20/23
- Defendant's Partial Opposition to Plaintiffs' Motion for Entry of Remedial Scheduling Order - 6/20/23
- Defendants' Status Report - 7/7/23
- Defendants' Status Report - 7/14/23
- Defendants' Status Report - 7/21/23
- Order - 7/24/23
- Parties' Joint Proposed Scheduling Order - 7/26/23
- Order - 7/27/23
- Singleton Plaintiffs' Response to Milligan and Caster Plaintiffs' Motion for Clarification - 7/27/23
- Defendants' Response to Motion to Clarify - 7/27/23
- Plaintiffs' Proposed Cartographers - 7/28/23
- Defendants' Response to Order Concerning Cartographers - 7/28/23
- Statement of Interest of the United States of America - 7/28/23
- Plaintiffs' Objections to Alabama Legislature's Remedial Congressional Plan - 7/28/23
- Caster and Milligan Plaintiffs' Reply in Support of Motion for Clarification - 7/31/23
- Omnibus Order - 8/1/23
- Order - 8/1/23
- Defendants' Motion to Clarify Order - 8/3/23
- Order - 8/3/23
- Caster Plaintiffs' Response to Defendants' Motion for Clarification - 8/4/23
- Defendants' Joint Response to Milligan and Caster Plaintiffs' Objections and Request for Preliminary Injunction - 8/4/23
- Order - 8/5/23
- Order - 8/6/23
- Defendant's Joint Motion to Substitute Exhibit S - 8/7/23
- Reply in Support of Plaintiffs' Objections to Alabama Legislature's Remedial Congressional Plan - 8/7/23
- Order - 8/8/23
- Defendants' Notice of Filing Exhibits - 8/8/23
- Order from the United States Court of Appeals For the Eleventh Circuit - 8/9/23
- Defendants' Second Notice of Filing Exhibits - 8/9/23
- Order - 8/9/23
- Milligan and Caster Plaintiffs' Motion in Limine - 8/9/23
- Caster Plaintiffs' August 14 Remedial Hearing Attendance Disclosure - 8/10/23
- Affidavit of Richard F. Allen - 8/10/23
- Affidavit of Michael A. Scodro - 8/10/23
- Affidavit of David Ely - 8/10/23
- Defendants' Joint Witness List - 8/10/23
- Defendants' Exhibit List - 8/10/23
- Defendants' Joint Notice Regarding Participating Counsel - 8/10/23
- Defendants' Response to Milligan and Caster Plaintiffs' Motion in Limine - 8/10/23
- Plaintiffs' Witness List for Remedial Proceedings - 8/10/23
- Plaintiffs' Exhibit List for Remedial Proceedings - 8/10/23
- Joint Stipulated Facts for Remedial Proceedings - 8/10/23
- Defendants' Joint Proposed Findings of Facts and Conclusions of Law - 8/19/23
- Plaintiffs' Proposed Findings of Fact and Conclusion of Law - 8/19/23
- Order - 8/21/23
- Order - 9/5/23
- Order - 9/5/23
- Notice of Appeal of Order Granting Preliminary Injunction - 9/5/23
- Secretary Allen's Emergency Motion for Stay Pending Appeal - 9/5/23
- Order - 9/6/23
- Amended Order - 9/7/23
- Singleton Plaintiffs' Opposition to Secretary Allen's Emergency Motion for Stay Pending Appeal - 9/8/23
- Plaintiffs' Response in Opposition to Alabama's Emergency Motion for Stay Pending Appeal - 9/8/23
- Secretary Allen's Reply in Support of Emergency Motion for Stay Pending Appeal - 9/8/23
- Report and Recommendation of the Special Master - 9/25/23
- Index of Exhibits to Report and Recommendation of the Special Master - 9/25/23
- Order - 9/26/23
- Secretary Allen's Objections to the Special Master's Proposed Remedial Plans - 9/28/23
- Rep. Chris Pringle and Sen. Steve Livingston's Objections to the Special Master' Proposed Remedial Plans - 9/28/23
- Motion for Leave to File Amicus Brief by the Brennan Center for Justice at New York University School of Law - 9/28/23
- Caster Plaintiffs' Brief in Response to Special Masters' Report and Recommendation - 9/28/23
- Written Response by the Special Master - 10/2/23
- Order Granting Motion to Voluntarily Dismiss Appeal - 10/3/23
- Injunction, Order, and Court-Ordered Remedial Map - 10/5/23
- Joint Motion to Set Scheduling Order Regarding Attorneys' Fees - 10/20/23
- Order - 10/25/23
- Joint Notice Regarding Maptitude License - 10/27/23
- Statement of Fees and Expenses - 11/3/23
- Defendant's Response to the Special Master's Statement of Fees and Expenses - 11/17/23
- Order - 11/30/23
- Order Regarding the Special Master's Statement of Fees and Expenses - 12/5/23
- Parties' Joint Status Report on Fees - 12/15/23
- Report of the Parties' Planning Meeting - 12/27/23
- Order - 1/11/24
- Parties' Joint Status Report on Fees and Motion to Extend the Negotiation Period - 1/19/24
- Order - 1/23/24
- Notice of Plaintiffs' First Amended Complaint - 1/31/24
- First Amended Complaint for Declaratory and Injunctive Relief - 1/31/24
- Report of the Parties' Planning Meeting - 2/12/24
- Defendants' Motion to Dismiss - 2/14/24
- Order - 2/22/24
- Parties' Joint Status Report on Fees - 2/29/24
- Plaintiffs' Opposition to Motion to Dismiss First Amended Complaint - 3/7/24
- Order - 3/12/24
- Statement of Interest of the United States of America - 3/14/24
- Defendants' Reply in Support of Motion to Dismiss - 3/21/24
- Parties' Joint Status Report on Fees - 3/29/24
- Order - 4/15/24
- Parties' Joint Status Report on Fees - 5/31/24
- Parties' Joint Status Report on Fees - 7/1/24
- Secretary Allen's Answer to Plaintiffs' Amended Complaint - 7/26/24
- Joint Motion to Extend Deadline to Supplemental Expert Reports and Supplemental Disclosures - 7/26/24
- Order - 7/30/24
- Secretary Allen's Amended Answer to Plaintiffs' Amended complaint - 8/1/24
- Motion for Leave to Answer Out of Time - 8/1/24
- Defendants-Intervenors [...] Amended Answers to Plaintiffs' Amended Complaint - 8/2/24
- State Defendants' Submission of Their Expert Reports - 8/7/24
Supreme Court of the United States - No. 23A241
- Emergency Application for Stay Pending Petition for Writ of Certiorari Before Judgment - 9/13/23
- Brief for National Republican Redistricting Trust as Amicus Curiae in Support of Applicant - 9/15/23
- Brief of Amici Curiae Members for the Alabama Congressional Delegation in Support of Applicant - 9/19/23
- Respondents' Opposition to Emergency Application for Stay Pending Petition for Writ of Certiorari Before Judgment - 9/19/23
- Reply in Support of Emergency Application for Stay Pending Petition for Writ of Certiorari Before Judgment - 9/20/23
- Order - 9/26/23