Class-of-2026

Alabama Files Emergency Appeal to U.S. Supreme Court Over Congressional Redistricting Map

Alabama Files Emergency Appeal to U.S. Supreme Court Over Congressional Redistricting Map

MONTGOMERY — Alabama Attorney General Steve Marshall has filed emergency stay applications with the United States Supreme Court seeking to restore the State’s 2023 congressional district map following a federal court ruling that temporarily blocked its use in the 2026 election cycle.

Marshall announced Thursday that the filings were submitted in Allen v. Singleton, Allen v. Caster, and Allen v. Milligan after a three-judge panel in the U.S. District Court for the Northern District of Alabama issued a preliminary injunction on May 26 preventing Alabama from using its current congressional districting plan in the 2026 elections.

The emergency applications, directed to Associate Justice Clarence Thomas in his role as Circuit Justice for the Eleventh Circuit, ask the Supreme Court to stay the district court’s ruling and issue a decision before June 1. The State is also requesting an immediate administrative stay to allow election preparations to continue while the legal process moves forward.

Marshall said the district court’s injunction conflicts with the U.S. Supreme Court’s recent decision in Louisiana v. Callais and improperly interferes with Alabama’s redistricting law.

“Yesterday’s decision was disappointing but was not surprising,” Marshall said in a statement. “The Supreme Court made it clear in Callais that courts should not impose or require states to draw racially gerrymandered congressional maps. But the three-judge district court set that rule aside and once again replaced Alabama’s map with one that sorts voters based on race.”

Marshall further argued that confusion surrounding Alabama’s congressional districts rests with the court rather than voters.

“The extent to which there is confusion about the maps which Alabama uses for congressional districts seems to be with the three-judge panel, not the voters,” Marshall said. “The fact that our State’s conservative electorate has conservative representation is democracy, not an attack on it.”

Marshall added that he believes Alabama should maintain a congressional delegation reflecting the political preferences of its voters while complying with the Supreme Court’s ruling in Callais.

“I believe we should have a 7-0 Republican congressional delegation that reflects Alabama’s voters and complies with the Supreme Court’s ruling in Callais, and a stay from this decision is now the best avenue to achieve that goal,” Marshall said. “If the court will not uphold the law, I am confident that the Supreme Court will.”

Governor Kay Ivey also expressed support for the Attorney General’s appeal, saying Alabama remains committed to defending the 2023 congressional map.

According to the Governor’s Office, Ivey called a special legislative session earlier this month to prepare the State in the event courts acted quickly on the redistricting dispute. Following what the administration described as a favorable ruling from the U.S. Supreme Court, Ivey moved forward with scheduling a Special Primary Election for August 11.

As election deadlines approach, the governor announced Thursday that she amended the Special Primary Election Calendar to allow additional flexibility while the Supreme Court considers the State’s request.

Under the original election calendar, the Secretary of State was required to certify the names of opposed candidates to probate judges by Friday, May 29. Under the amended schedule, that deadline has been extended to Wednesday, June 3.

“Alabama is committed to the redistricting fight, and as I said yesterday, I fully support Attorney General Marshall’s appeal,” Ivey said in a statement. “I am hopeful the Supreme Court quickly gives Alabama a favorable response so we can move forward with the August 11 Special Primary Election using our 2023 congressional map.”

Ivey added that her office remains in close communication with the Secretary of State’s Office and the Attorney General’s Office as the legal appeal moves forward and election deadlines draw closer.

The emergency filings in Allen v. Singleton, Allen v. Milligan, and Allen v. Caster are now before the U.S. Supreme Court as Alabama seeks an expedited ruling on the future of the State’s congressional district map ahead of the 2026 election cycle.

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