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Supreme Court Lets Alabama Keep Map That Weakens Black Voting Power, Overriding Its Own 2023 Order

Supreme Court Lets Alabama Keep Map That Weakens Black Voting Power, Overriding Its Own 2023 Order
The Supreme Court ruled this week that Alabama can proceed with a congressional map that a federal district court said violated the Voting Rights Act — even after the Court itself ordered a fix in 2023. The unsigned majority opinion hands Alabama a win it bet on by defying court orders for years. Whether you think the VRA still has teeth is now a genuinely open question.

What Actually Happened

Alabama has a Black population of roughly 25%. It has seven congressional districts. For years, federal courts — including the Supreme Court in a 2023 ruling — told Alabama it needed to draw a second majority- or plurality-Black district.

Alabama didn't do it.

The state ran out the clock, kept its preferred map, and waited to see if the Supreme Court would eventually blink. According to The Atlantic, Alabama's own House Speaker Nathaniel Ledbetter made the strategy explicit: "The Supreme Court ruling was 5–4. So there's just one judge that needed to see something different."

This week, that bet paid off. The Court — in an unsigned opinion — allowed Alabama's map to stand.

The Legal Reasoning

The majority argued the lower court "failed to follow our instruction" when it ordered a new district drawn. What it glosses over: the lower court was following what the Supreme Court said in 2023. Alabama was the one not following the instruction.

The ruling leans heavily on Louisiana v. Callais, decided in April, where Justice Samuel Alito wrote that "race and politics are so intertwined" that the Fifteenth Amendment's prohibition on racial discrimination in voting almost never applies in redistricting fights. In plain English: if you can claim a map was drawn for partisan reasons rather than racial ones, the VRA's Section 2 can't touch it.

Alabama just used that opening.

The Dissent

Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, did not hold back. According to The Atlantic, Sotomayor wrote: "Alabama willfully drew a map that flouted the District Court's preliminary injunction and hoped that this Court would eventually see things its way. After today, it is hard to call Alabama's cynical gambit anything other than a success, and the Court's rewarding of Alabama's behavior anything other than a blow to the rule of law."

A sitting Supreme Court justice stating that the majority rewarded defiance of a court order.

What the Majority Actually Said

The unsigned opinion included this line: "States are free to decide for themselves whether last-minute changes to an election are in their best interests."

If a state legislature decides a map that reduces minority representation is in their "best interests," they can proceed. That's what the Court said.

Media Framing and the Legal Dispute

Left-leaning outlets like The Atlantic frame this purely as racial discrimination. Right-leaning outlets are largely ignoring the story or treating it as routine redistricting. It isn't routine — a state defied a direct Supreme Court order for three years and won.

The actual legal dispute involves the intersection of race and partisan gerrymandering. The Court has separately said it cannot police partisan gerrymandering (see Rucho v. Common Cause, 2019). The majority is exploiting that gap.

The Voting Rights Act Question

Section 2 of the Voting Rights Act prohibits voting practices that discriminate based on race. Congress wrote that law. The Supreme Court cannot simply nullify it — but Callais and this Alabama ruling together do something close: they make it nearly impossible to prove a Section 2 violation in a redistricting case when Republicans can claim partisan motivation instead.

The effect is the same whether the intent is partisan or racial. Black voters in Alabama get one less competitive district.

The Precedent Problem

A state openly defied a Supreme Court order, calculated that the Court's majority would eventually side with them, and was proven right.

For conservatives who care about rule of law: courts only work if their orders mean something. Alabama's legislature figured out those orders don't — at least not when political winds favor them.

For Democrats: this is what happens when you lose judicial appointments across three Republican administrations and fail to pass voting rights legislation when you had the Senate majority in 2021-2022.

What This Means Going Forward

Congress could fix this. Section 2 of the VRA could be strengthened legislatively to close the race-versus-partisanship loophole the Court just exploited. That would require 60 Senate votes. It won't happen with the current Congress.

What this ruling actually does: it tells every Republican-controlled legislature in a state with a significant minority population that the VRA's redistricting protections are functionally optional — as long as you frame your map choices as partisan rather than racial.

Multiple states will likely take that signal.

Sources

center-left npr Supreme Court sides with web designer who refused to work for same-sex weddings
left The Atlantic The Supreme Court Has Invented a Right to Discriminate
unknown aclu The Supreme Court’s Ruling in 303 Creative v. Elenis Is a Blow to Civil Rights