CASE SUMMARY
On November 15, 2021, a coalition of Alabamian voters, a Birmingham religious organization, and the Alabama State Conference of the NAACP filed a federal lawsuit against Alabama's Secretary of State and the Co-Chairs of Alabama's Permanent Legislative Committee on Reapportionment challenging the state's enacted legislative redistricting plans as violating the U.S. Constitution. Specifically, plaintiffs allege that several of the state Senate and state House districts are racial gerrymanders in violation of the 14th Amendment's Equal Protection Clause because race was the state legislature's predominant consideration in their creation, and such use of race was not sufficiently justified by or narrowly tailored for any compelling governmental interest. They are seeking a judicial declaration that the enacted legislative plans are unconstitutional racial gerrymanders, a preliminary and permanent injunction barring the defendants from using the plans in future elections, a court order establishing a deadline for the state to enact remedial legislative plans that comply with both the Constitution and the Voting Rights Act, and for the court to delay the 2022 primary filing date until it adopts a remedial plan in the event the state fails to do so.
On March 21, 2022, the district court panel issued an order staying the case pending the U.S. Supreme Court's ruling in Milligan v. Merrill and Caster v. Merrill. Proceedings resumed in early 2023.
Plaintiffs filed a third amended complaint and then, finally, a fourth that dropped the original constitutional claims and narrowed the VRA claims to a pair of state senate districts in the Montgomery area. As a result of the revised pleadings the three-judge court was dissolved, and the case was returned to the district court judge originally assigned to the case.
Similar Cases: Singleton v. Merrill; Milligan v. Merrill; Caster v. Merrill
CASE LIBRARY
U.S. District Court for the Northern District of Alabama, Southern Division - No. 2:21-cv-1531
- Complaint - 11/15/21
- Order Designating Three-Judge Court - 11/16/21
- Plaintiffs' Opposed Motion for Recusal - 12/8/21
- Defendants' Response in Opposition to Motion for Recusal - 12/30/21
- Plaintiffs' Reply Brief in Support of Recusal - 1/18/22
- Amended Complaint - 2/11/22
- Plaintiffs' Consent Motion to File Second Amended Complaint - 2/23/22
- Second Amended Complaint - 2/25/22
- Defendants' Motion to Partially Dismiss - 3/11/22
- Report of the Parties' Planning Meeting - 3/15/22
- Order Staying Case - 3/21/22
- Plaintiffs' Motion for a Status Conference - 3/28/22
- Order - 4/22/22
- Order - 5/19/22
- Plaintiffs' Motion to Modify Stay - 2/16/23
- Defendants' Response to Plaintiffs' Motion to Modify Stay - 3/7/23
- Order - 3/20/23
- Joint Status Report - 6/22/23
- Plaintiffs' Consent Motion to File Third Amended Complaint - 6/30/23
- Report of the Parties' Planning Meeting - 6/30/23
- Plaintiffs' Third Amended Complaint - 7/10/23
- Scheduling Order - 7/11/23
- Initial Order Governing All Further Proceedings - 7/13/23
- Defendants' Motion to Dismiss - 7/24/23
- Defendants Rep. Pringle and Sen. Livingston's Motion to Dismiss - 7/24/23
- Unopposed Motion for Extension of Time - 8/24/23
- Secretary of State Wes Allen's Motion for a Protective Order (Unopposed) - 9/8/23
- Secretary of State Wes Allen's Motion for a Protective Order (Unopposed) - 9/21/23
- Plaintiffs' Unopposed Motion to Exceed Page Limitation for Opposition to Defendants' Motions to Dismiss - 9/22/23
- Statement of Interest of the United States - 9/22/23
- Plaintiffs' Response in Opposition to Defendants' Motions to Dismiss - 9/22/23
- Plaintiffs' Unopposed Motion for Leave to File Corrected Opposition to Defendants' Motion to Dismiss - 9/24/23
- Protective Order - 9/25/23
- Plaintiffs' Corrected Response in Opposition to Defendants' Motions to Dismiss - 9/25/23
- Defendants' Reply in Support of Motion to Dismiss - 10/13/23
- Defendants Rep. Pringle's and Sen. Livingston's Reply in Support of Motion to Dismiss - 10/13/23
- Plaintiffs' Notice of Supplemental Authority in Support of Plaintiffs' Response to Defendants' Motion to Dismiss - 11/14/23
- Defendants' Response to Plaintiffs' Notice of Supplemental Authority - 11/20/23
- Plaintiffs' Reply to Notice of Supplemental Authority - 11/21/23
- Plaintiffs' Motion for Leave to File Fourth Amended Complaint - 12/1/23
- Defendants' Response in Partial Opposition to Plaintiffs' Motion for Leave to Amend - 12/5/23
- Order - 12/5/23
- Fourth Amended Complaint - 12/6/23
- Order - 12/7/23