A three-judge panel in Birmingham, Alabama, is set to hear arguments Friday over whether to reinstate a Republican-drawn congressional map that would eliminate the state's second majority-Black district, a move that could hand the GOP a pickup opportunity in the midterms.
Alabama Attorney General Steve Marshall's office is pushing to keep the map in place, arguing that the Supreme Court's recent decision narrowing the Voting Rights Act clears the way for the restoration. The state contends that the high court's 6-3 ruling last month undercuts earlier findings that the map violated the landmark civil rights law.
Challengers—a coalition of Black voters and advocacy groups—are fighting to block the map, pointing to the court's prior determination that it intentionally discriminated on the basis of race, in violation of the 14th Amendment. They insist that the Supreme Court's Voting Rights Act decision does not affect that constitutional claim.
“Plaintiffs therefore are not only likely but certain to prevail once again on the merits of their constitutional claim,” one group of challengers wrote in court filings. They urged the panel to “reject Alabama's heated rhetoric and sweeping assertions in favor of the record and evidence this Court knows all too well.”
The map at issue, passed by Alabama Republicans in 2023, would redraw the Black-majority district currently held by Rep. Shomari Figures (D-Ala.), potentially flipping the seat to the GOP. The state argues that time is running short, with early voting already underway, and that the Supreme Court acted quickly to lift previous injunctions precisely so the map could be used.
“The Court removed the impediment to the 2023 Plan from this Court's injunctions, and it did so quickly—knowing full well that early voting had begun in Alabama, that the State planned to hold elections under the 2023 Plan,” the state wrote.
Sen. Tommy Tuberville (R-Ala.) offered a cautious take, telling reporters, “I'm not so sure it's going to go through. I haven't looked at it that much. It's all back in the courts and we'll let them handle it the way they see fit. They're like the referees at the football game. They're the ones who are supposed to keep it fair.”
The case is part of a broader mid-decade redistricting war that has intensified since the Supreme Court's ruling. Republicans have already scored wins in Louisiana, Florida, and Tennessee, while Democrats have pushed their own maps in California and faced setbacks in Virginia. The push to redraw lines gained momentum after President Trump urged action in Texas last year, where the GOP added up to five pickup opportunities.
The three-judge panel includes U.S. Circuit Judge Stanley Marcus, a Clinton appointee, and U.S. District Judges Anna Manasco and Terry Moorer, both Trump appointees. They have directed Alabama Director of Elections Jeff Elrod to be prepared to testify. A ruling could come quickly, with the midterm elections looming and both parties eyeing every possible House seat.
