CASE SUMMARY
On September 27, 2021, a group of Alabama voters filed a federal lawsuit against the Alabama Secretary of State challenging the constitutionality of the state's congressional redistricting plan, originally enacted in 2011. The plaintiffs allege that due to population shifts throughout the last decade, the 2011 congressional plan has now become malapportioned in violation of the one person, one vote constitutional principle under Article I, Section 2 of the U.S. Constitution. Additionally, the plaintiffs assert that the 2011 congressional plan is a racial gerrymander in violation of the 14th Amendment's Equal Protection Clause because the plan "packs" African-American voters into a single majority-minority district (District 7), thereby minimizing their influence in five neighboring majority-white districts. The plaintiffs also sought to have the court restore Alabama's historical redistricting principle of drawing Congressional districts with whole counties and submitted their own proposed whole-county Congressional plan to support their claims. On November 4, 2021, Alabama's Governor signed a new congressional redistricting plan into law, and the plaintiffs filed an amended complaint removing their malapportionment claim, reasserting their racial gerrymandering claim, and adding a claim that the enacted plan is intentionally racially discriminatory in violation of the 14th and 15th Amendments. The plaintiffs are seeking a judicial declaration that the enacted congressional plan is unconstitutional, an injunction barring the plan from being implemented in future elections, and for the court to implement a lawful, court-ordered congressional plan for the 2022 elections that reflects Alabama's "strong historical preference" for keeping counties whole and accounts for the "significant degree of crossover voting" in the whole-county plan proposed by the plaintiffs.
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.
On February 7, 2022, the district court issued an order appointing Richard Allen as special master and Dr. Nathaniel Persily as expert cartographer and directing them to file their recommended map(s) and accompanying explanatory report with the court by February 22, 2022.
Also on February 7, the U.S. Supreme Court issued an order staying the Caster and Milligan district court's order striking down Alabama's enacted congressional plan, thereby allowing the plan to be used for the upcoming 2022 election.
Following oral arguments in the fall of 2022 the Supreme Court found that Plaintiffs were likely to succeed in proving Alabama likely violated the Voting Rights Act.
Alabama repealed and replaced its congressional map in July 2023 and the Singleton plaintiffs objected to the new plan. The district court in Alabama enjoined the use of the new plan and proceeded to impose a remedial plan for the 2024 elections.
Similar Cases: Caster v. Merrill; Milligan v. Merrill
CASE LIBRARY
U.S. District Court for the Northern District of Alabama, Southern Division - No. 2:21-cv-1291
- Complaint - 9/27/21
- Motion to Expedite Appointment of Three-Judge Panel - 10/1/21
- Order - 10/6/21
- Secretary Merrill's Motion to Dismiss - 10/21/21
- Order Designating Three-Judge Court - 10/29/21
- Amended Complaint - 11/4/21
- Motion to Set Expedited Scheduling Conference - 11/5/21
- Order on Scheduling Conference - 11/5/21
- Order Denying Motion to Dismiss - 11/5/21
- Order - 11/7/21
- Joint Proposed Scheduling Order - 11/8/21
- Motion to Intervene - 11/8/21
- Order - 11/9/21
- Order Granting Motion to Intervene - 11/17/21
- Secretary Merrill's Rule 12(b)(7) Motion to Dismiss or Join Necessary Parties - 11/18/21
- Defendant's Motion to Consolidate - 11/18/21
- Motion for Status Conference - 11/18/21
- Defendant Senator Jim McClendon and Representative Chris Pringle's Notice of Adoption of ECF No. 33 - 11/18/21
- Defendant Senator Jim McClendon and Representative Chris Pringle's Notice of Adoption of ECF No. 36 - 11/18/21
- Conference Order - 11/18/21
- Order Setting Deadline for Motion to Consolidate Responses - 11/18/21
- Plaintiffs' Motion for a Preliminary Injunction and Memorandum of Law in Support - 11/19/21
- Parties' Status Report - 11/19/21
- Plaintiffs' Response to Defendants' Rule 12(B)(7) Motion to Dismiss or Join Necessary Parties and Motion to Consolidate - 11/22/21
- Order on Motions for Consolidation and Joinder, and Scheduling Order - 11/23/21
- Stipulations of Fact - 12/7/21
- Intervenors McClendon and Pringle's Answer to Plaintiffs' Amended Complaint - 12/7/21
- Defendant Merrill's Answer to Plaintiffs' Amended Complaint - 12/7/21
- Order on Motion for Protective Order - 12/13/21
- Order - 12/14/21
- Secretary of State John H. Merrill's Motion for Protective Order - 12/14/21
- Secretary of State's Notice of Filing Expert Reports - 12/14/21
- Protective Order - 12/14/21
- Singleton Plaintiffs' Notice of Filing Expert Report - 12/14/21
- Plaintiffs' Renewed Motion for a Preliminary Inunction and Memorandum of Law in Support - 12/15/21
- Order on Motion for Protective Order - 12/16/21
- Order - 12/16/21
- Singleton Plaintiffs' Notice of Filing Expert Rebuttal Report - 12/21/21
- Secretary of State's Notice of Filing Supplemental Expert Reports - 12/21/21
- Milligan Plaintiffs' Third Evidentiary Submission - 12/21/21
- Order - 12/22/21
- Defendants' Response in Opposition to Plaintiffs' Motions for Preliminary Injunction - 12/22/21
- Stipulations of Fact - 12/23/21
- Singleton Plaintiffs' Notice of Filing Joint Pretrial Report - 12/23/21
- Singleton Plaintiffs' Notice of Filing Joint Submission on Coordinated Preliminary Injunction Hearing and Discovery - 12/23/21
- Plaintiffs' Exhibit List - 12/27/21
- Singleton Plaintiffs' Notice of Persons Participating in Hearing - 12/27/21
- Defendants' Notice of Persons Participating in Hearing - 12/27/21
- Plaintiffs' Reply Memorandum in Support of Their Renewed Motion for a Preliminary Injunction - 12/27/21
- Plaintiffs' Notice of Filing Second Amended Exhibit List to Joint Pretrial Report - 1/4/22
- Order - 1/8/22
- Defendants' Proposed Findings of Fact and Conclusions of Law - 1/14/22
- Singleton 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
- Singleton Plaintiffs' Response in 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
- Notice Regarding Defendants' Position on Issues Raised by the Court - 1/28/22
- Singleton Plaintiffs' Position Statement - 1/28/22
- Plaintiffs' Exhibit List - 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
- Singleton Plaintiffs' Emergency Motion for a Ruling on Their Renewed Motion for a Preliminary Injunction - 2/8/22
- Time Sensitive Motion to Intervene by Jeff Coleman - 2/13/22
- Defendants' Response to Singleton Plaintiffs' Motion for Expedited Ruling - 2/14/22
- Response to Motion to Intervene by Jeff Coleman - 2/16/22
- Defendants' Response to Motion to Intervene - 2/17/22
- Order - 2/25/22
- 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
- Defendants' Notice Regarding Legislature's Intent to Enact New Redistricting Plan - 6/15/23
- Order - 6/20/23
- Defendant's Status Report - 7/7/23
- Defendant's 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' Objection to the State's Remedial Plan, Motion for a Preliminary Injunction, and Memorandum of Law in Support Thereof - 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
- Singleton Plaintiffs' Witness List - 7/31/23
- Omnibus Order - 8/1/23
- Order - 8/2/23
- Defendant's Motion to Clarify Order - 8/3/23
- Order - 8/3/23
- Singleton Plaintiffs' Response to Defendants' Motion for Clarification - 8/4/23
- Defendants' Response to Singleton Plaintiffs' Motion for Preliminary Injunction - 8/4/23
- Order - 8/5/23
- Order - 8/6/23
- Plaintiffs' Reply Memorandum in Support of Their Objection to the State's Remedial Plan and Motion for a Preliminary Injunction - 8/7/23
- Order - 8/8/23
- Defendants' Notice of Filing Exhibits - 8/8/23
- Defendants' Second Notice of Filing Exhibits - 8/9/23
- Singleton Plaintiffs' Exhibit List - 8/9/23
- Singleton Plaintiffs' Witness List - 8/9/23
- Singleton Plaintiffs' Amended Exhibit List - 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' Exhibit List - 8/10/23
- Defendants' Joint Witness List - 8/10/23
- Singleton Plaintiffs' List of counsel Participating in the August 14, 2023 Hearing - 8/10/23
- Defendants' Joint Notice Regarding Participating Counsel - 8/10/23
- Singleton Plaintiffs' Unopposed Motion to Supplement the Record - 8/21/23
- Order - 8/21/23
- Singleton Plaintiffs' Proposed Findings of Fact and Conclusions of Law - 8/21/23
- Defendants' Joint Proposed Findings of Fact and Conclusions of Law - 8/21/23
- Injunction, Opinion, and Order - 9/5/23
- Order - 9/5/23
- Motion of Quin Hillyer for Permission to Appear as Amicus Curiae - 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
- Order Denying Secretary Allen's Emergency Motion for Stay Pending Appeal - 9/11/23
- 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
- Singleton Plaintiffs' Response to the Report and Recommendation of the Special Master - 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
- Written Response by the Special Master - 10/2/23
- 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
- Motion to Amend Statement of Fees and Expenses - 11/6/23
- Defendant's Response to the Special Master's Statement of Fees and Expenses - 11/17/23
- Joint Motion for a Briefing Schedule on Singleton Plaintiffs' Status as Prevailing Parties - 11/29/23
- Order - 11/30/23
- Order - 11/30/23
- Order Regarding the Special Master's Statement of Fees and Expenses - 12/5/23