CASE SUMMARY
On November 16, 2021, a coalition of civil-rights organizations and Alabama voters filed a federal lawsuit against Alabama's Secretary of State and the co-chairs of the State Legislature's redistricting committee challenging the state's enacted congressional plan as violating the U.S. Constitution and federal Voting Rights Act. Specifically, plaintiffs allege that Alabama's congressional plan is an unconstitutional racial gerrymander because race was the predominant consideration when creating and enacting Congressional Districts 1, 2, 3, and 7, and that the plan as a whole was enacted with an intent to racially discriminate against African-American voters in violation of the 14th Amendment's Equal Protection Clause. Additionally, plaintiffs assert that the congressional plan was enacted with the intent and the result of diluting African-American voting strength in violation of Section 2 of the Voting Rights Act. They are seeking a judicial declaration that Alabama's congressional plan violates both the 14th Amendment and Section 2 of the VRA, an injunction barring the defendants from implementing or using the plan in any future elections, and for the court to establish a deadline for Alabama to adopt and enact a new congressional plan that includes two majority-minority districts and which does not violate the VRA, federal, or state constitutions and laws.
On January 24, 2022, the court issued an opinion granting in part the plaintiffs' request for a preliminary injunction on the grounds the plaintiffs are "substantially likely" to establish the existence of a Section 2 violation in Alabama's congressional redistricting plan. The court found that Black Alabamians are sufficiently numerous and sufficiently geographically compact to constitute a voting-age majority in a second congressional district, voting in the challenged districts is intensely racially polarized, and under the totality of circumstances, Black voters have less opportunity than other Alabamians to elect candidates of their choice. The court ordered the state legislature to pass a remedial redistricting plan within 14 days which contained either a second majority-Black congressional district or a second district in which Black Alabamians have the opportunity to elect the candidate of their choice, and included a contingency that the court would appoint a special master to draw a plan in the event the state failed to do so. Shortly thereafter, the defendants appealed the decision to the Eleventh Circuit Court of Appeals and sought an emergency stay pending appeal from the U.S. Supreme Court.
On February 7, the U.S. Supreme Court stayed the district court's preliminary injunction order, thereby allowing the plan to be used for the upcoming 2022 election, and treated the stay application as a petition for a writ of certiorari before judgment and granted it. On June 28, the Court stayed and granted certiorari before judgment to a similar appeal of a Section 2 preliminary injunction out of Louisiana, Ardoin v. Robinson, and stated it would hold the case in abeyance pending its decision in Merrill. Oral arguments were held on October 4, 2022.
The Supreme Court issued a fragmented opinion on June 8, 2023. The opinion affirmed the lower court's finding that plaintiffs were reasonably likely to succeed in their claims that Alabama's congressional map violated Section 2.
In the summer of 2023 the state of Alabama repealed and replaced its invalidated congressional map with a new one. Plaintiffs opposed the new map as an inadequate remedy while the state of Alabama defended the map as a new plan drawn to comply with the Supreme Court's opinion in Allen v. Milligan. A hearing was held in August over whether the new map remedied the Section 2 violation found by the district court and affirmed by the Supreme Court previously. The district court once again invalidated Alabama's congressional map in early September and ordered a special master to develop three options for the court to consider by September 25th. Alabama filed a notice of appeal and submitted an emergency application for stay pending appeal with the Supreme Court.
The Supreme Court denied the emergency application on September 26 and the district court scheduled a hearing on the Special Master's remedial proposals for October 3.
Related Cases: Caster 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, Southern Division - No. 2:21-cv-1530
- Complaint - 11/16/21
- Order - 11/16/21
- Plaintiffs' Positions on Jurisdiction and Consolidation - 11/18/21
- Defendants' Response to Order Regarding Jurisdiction and Consolidation - 11/18/21
- Defendant Secretary Merrill's Notice of Filing - 11/18/21
- Defendants' Rule 12(b)(7) Motion to Dismiss or Join Necessary Parties - 11/18/21
- Order - 11/18/21
- Designation of Three-Judge Court - 11/18/21
- Conference Order - 11/18/21
- Joint Status Report - 11/22/21
- Order on Motions for Consolidation and Joinder, and Scheduling Order - 11/23/21
- Amended Motion for Protective Order - 12/6/21
- Notice of Dismissal by Adia Winfrey - 12/7/21
- Senator McClendon and Representative Pringle's Answer to Plaintiffs' Complaint - 12/7/21
- Secretary of State's Answer to Plaintiffs' Complaint - 12/7/21
- Joint Stipulated Facts for Preliminary Injunction Proceedings - 12/7/21
- Defendants McClendon and Pringle's Second Amended Motion for a Protective Order - 12/8/21
- Plaintiffs' Opposition to Defendants McClendon and Pringle's Motion for a Protective Order - 12/10/21
- Defendants McClendon and Pringle's Reply to Plaintiffs' Opposition to Their Motion for a Protective Order - 12/12/21
- Order on Motion for Protective Order - 12/13/21
- Defendants McClendon and Pringle's Further Objections to Plaintiffs' Discovery - 12/14/21
- Order - 12/14/21
- Secretary of State John H. Merrill's Motion for Protective Order - 12/14/21
- Protective Order - 12/14/21
- Plaintiffs' Motion for a Preliminary Injunction and Memorandum of Law in Support Thereof - 12/15/21
- Order on Motion for Protective Order - 12/16/21
- Order - 12/16/21
- Secretary of State's Notice of Filing Supplemental Expert Reports - 12/21/21
- Plaintiffs' Third Evidentiary Submission - 12/21/21
- Order - 12/22/21
- Defendants' Response in Opposition to Plaintiffs' Motions for Preliminary Injunction - 12/22/21
- Joint Pretrial Report (corrected) - 12/23/21
- Defendant John H. Merrill's Exhibit List - 12/27/21
- Amended Exhibit List to Joint Pretrial Report - 12/27/21
- Defendant-Intervenors' Adoption of Preliminary Injunction Exhibits Filed by Co-Defendant Secretary of State Merrill - 12/27/21
- Defendants' Notice of Persons Participating in Hearing - 12/27/21
- Plaintiffs' Notice of Counsel Participating in Preliminary Injunction Hearing - 12/27/21
- Plaintiffs' Reply in Support of Their Motion for a Preliminary Injunction - 12/27/21
- Order - 1/8/22
- Defendants' Proposed Findings of Fact and Conclusions of Law - 1/14/22
- Milligan 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 Memorandum Opinion and Order - 1/24/22
- Notice of Appeal - 1/25/22
- Notice of Appeal (11th Circuit) - 1/25/22
- Defendants' Emergency Motion for Stay Pending Appeal - 1/25/22
- Plaintiffs' Opposition to Defendants' Motion to Stay - 1/26/22
- Order on Motion to Clarify - 1/26/22
- Order Denying Defendants' Emergency Motion for Stay Pending Appeal - 1/27/22
- Milligan Plaintiffs' Memorandum Regarding Proposed Special Masters - 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
- Notice Regarding Defendants' Position on Issues Raised by the Court - 2/1/22
- Milligan Plaintiffs' Response to Court Inquiry Regarding Remedial Proceedings - 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
- Milligan Plaintiffs' Response to Singleton Plaintiffs' Emergency Motion - 2/14/22
- Defendants' Response to Singleton Plaintiffs' Motion for Expedited Ruling - 2/14/22
- Milligan Plaintiffs' Response to Motion to Intervene by Jeff Coleman - 2/17/22
- Defendants' Response to Motion to Intervene - 2/17/22
- Order - 2/25/22
- Motion for Status Conference - 3/28/22
- 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
U.S. Court of Appeals for the Eleventh Circuit - No. 22-10278
- Notice of Appeal Docketed - 1/25/22
- Unopposed Motion to Dismiss Notice of Appeal - 2/9/22
- Appellants' Motion to Voluntarily Dismiss Appeal - 3/3/22
- Order of Dismissal - 3/4/22
- Notice of Order Vacating Stay - 6/12/23
Supreme Court of the United States - No. 21-1086 [Together with No. 21-1087] [Previously No. 21A375, 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
- 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
- Milligan Appellees' 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, Southern Division - No. 2:21-cv-1530 [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 - 6/15/23
- Order - 6/20/23
- Defendant's Partial Opposition to Plaintiffs' Motion for Entry of Remedial Scheduling Order - 6/20/23
- Defendant's Status Report - 7/7/23
- Transmission of the Judgment in Allen v. Milligan from the Supreme Court of the United States - 7/10/23
- Motion to Intervene from the Alabama Democratic Conference - 7/10/23
- Defendants' Status Report - 7/14/23
- Defendants' Opposition to Motion to Intervene - 7/17/23
- Milligan Plaintiffs' Opposition to the Alabama Democratic Conference's Motion to Intervene - 7/17/23
- Caster Plaintiffs' Motion for Leave to File Joinder in Milligan Plaintiffs' Opposition to Alabama Democratic Conference's Motion to Intervene - 7/17/23
- Reply in Support of Motion to Intervene - 7/18/23
- Defendants' Status Report - 7/21/23
- Order - 7/24/23
- Milligan and Caster Plaintiffs' Moton for Clarification - 7/24/23
- Order - 7/25/23
- 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
- Defendants' Response to Order Concerning Cartographers - 7/28/23
- Plaintiffs' Proposed Cartographers - 7/28/23
- Statement of Interest of the United States of America - 7/28/23
- Milligan Plaintiffs' Objections to Defendants' Remedial Proposal and Memorandum on Law - 7/28/23
- Caster and Milligan Plaintiffs' Reply in Support of Motion for Clarification - 7/31/23
- Motion for Leave for Rev. Jarmal Jabbar Sanders to Intervene - 7/31/23
- Omnibus Order - 8/1/23
- Order - 8/2/23
- Motion for Leave to File Amici Curiae Brief of Representative Terri Sewell and Members of the Congressional Black Caucus [...] - 8/3/23
- Milligan Plaintiffs' Response to Defendants' Motion for Clarification - 8/4/23
- Milligan and Caster Plaintiffs' Response to Court Inquiry Regarding Remedial Proceedings - 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
- Motion to Reconsideration - 8/7/23
- Defendants' Joint Motion to Substitute Exhibit S - 8/7/23
- Milligan Plaintiffs' Reply Brief in Support of Their Objections to Defendants' Remedial Proposal - 8/7/23
- Order - 8/8/23
- Defendants' Notice of Filing Exhibits - 8/8/23
- Motion for Leave to File Brief for the National Republican Redistricting Trust as Amicus Curiae in Support of Defendants' Response to Plaintiffs' Objections - 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
- Brief for the National Republican Redistricting Trust as Amicus Curiae in Support of Defendants' Response to Plaintiffs' Objections - 8/9/23
- Amici Curiae Brief of Representative Terri Sewell and Members of Congressional Black Caucus [...] in Support of Plaintiffs' Objections to Alabama's Remedial Plan - 8/10/23
- Plaintiffs' Notice of Filing Exhibits - 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' Exhibits 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
- Milligan Plaintiffs' Motion to Strike Inadvertently Filed Exhibit for Docket - 8/10/23
- Plaintiffs' Notice of Counsel and Parties Attending the August 14th Remedial Hearing - 8/10/23
- Milligan Plaintiffs' Exhibit List - 8/10/23
- Milligan Plaintiffs' Final Witness List - 8/10/23
- Joint Stipulated Facts for Remedial Proceedings - 8/10/23
- Unopposed Motion to File Brief of Amici Curiae State and Local Elected Officials of Color in Support of Plaintiffs' Objections to Remedial Map - 8/11/23
- Milligan and Caster Plaintiffs' Reply Brief in Support of Its Motion in Limine - 8/11/23
- Order - 8/12/23
- Order - 8/12/23
- Defendants' Amended Exhibit List - 8/12/23
- Brief of Amici Curiae State and Local Elected Officials of Color in Support of Plaintiffs' Objections to Remedial Map - 8/13/23
- Plaintiffs' Notice of Filing Exhibits - 8/13/23
- 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
- Injunction, Opinion, and Order - 9/5/23
- Order - 9/5/23
- Notice of Appeal of Order Granting Preliminary Injunction - 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
- Corrected Notice of Appeal of Order Granting Preliminary Injunction - 9/6/23
- 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
- Milligan Plaintiffs' Opposition to Secretary Allen'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
- Order Denying Secretary Allen's Emergency Motion for Stay Pending Appeal - 9/11/23
- Order - 9/13/23
- 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
- The Alabama Democratic Conference's Motion for Access to Data - 9/28/23
- 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's 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
- Milligan Plaintiffs' Brief in Support of Special Master Plans 1 and 3 - 9/28/23
Supreme Court of the United States - No. 23A231
- Emergency Application for Stay Pending Appeal - 9/11/23
- Brief for National Republican Redistricting Trust as Amicus Curiae in Support of Applicant - 9/13/23
- Brief of Amici Curiae Members of the Alabama Congressional Delegation in Support of Applicant - 9/19/23
- Milligan Respondents' Opposition to Emergency Application for Stay Pending Resolution of Direct Appeal to this Court - 9/19/23
- Appendix to Milligan Respondents' Opposition to Emergency Application for Stay Pending Resolution of Direct Appeal to this Court - 9/19/23
- Singleton Respondents' Opposition to Emergency Application for Stay Pending Appeal to the Supreme Court of the United States - 9/19/23
- Reply in Support of Emergency Application for Stay Pending Appeal to the Supreme Court of the United States - 9/20/23
- Brief of Amici Curiae Alabama Elected Leaders of Color in Support of Milligan Respondents' Opposition to Emergency Application for Stay - 9/21/23
- Order - 9/26/23