The U.S. Supreme Court (SCOTUS) should stay a recent federal court ruling requiring Alabama to use a court-drawn, racially gerrymandered map, according to Attorney General Steve Marshall on Wednesday.
A three-judge panel of federal judges on Tuesday granted a motion by left-wing activist groups to block the use of a 6-1 Republican congressional map passed by lawmakers in 2023.
Marshall said in a filing that SCOTUS should enter an administrative stay and a stay pending appeal of the injunctions barring the State from using the 6-1 plan in the upcoming August 11 congressional special primary elections and November general election.
“A stay is warranted so that Alabama is not again precluded from using its legislatively enacted 2023 Plan based on a decision that defies Callais, manipulates the Purcell principle, and offends the Constitution’s promise of equal protection for all,” Marshall said. “So that the State can use the 2023 Plan in the 2026 elections, Applicants respectfully request a decision from this Court before 10 a.m. on June 1, 2026, or as soon as possible thereafter. Applicants also request an administrative stay as soon as practicable so that the State can resume its ongoing election preparations in the interim, including by assigning voters into districts before the election.”
He continued, “Alabama and the public face irreparable harm unless a stay issues because they will be unable to use the State’s 'duly enacted plans' for the 2026 election.”
“Worse still, voters will be forced to vote under a court-drawn racially gerrymandered map that does not meet Alabama’s legitimate districting goals. The balance of the equities thus favor staying the district court’s last-minute intrusion into Alabama’s election. They also favor an immediate administrative stay so that the State can resume its necessary election preparations to be able to use its duly enacted 2023 Plan,” Marshall added.
United States Circuit Judge Stanley Marcus, District Judge Anna Manasco and District Judge Terry Moorer held a lengthy hearing on Friday on a preliminary injunction motion filed by the NAACP and ACLU to block a 6-1 Republican map passed by the legislature. Under the injunction, a 5-2 Republican map that was court-ordered and used in the 2024 election would be used in the 2026 election.
The three-judge panel has already repeatedly blocked Alabama from using the congressional map passed by the legislature in 2023.
Attorneys for the State of Alabama argued on Friday that the recent Callais ruling made the court-ordered 5-2 map unconstitutional, but Marcus, Manasco and Moorer disagreed. The ruling was quickly appealed by Alabama. The practical result if the federal court's ruling stands, is that U.S. Rep. Shomari Figures (D-Mobile) is a heavy favorite to be re-elected in Congressional District 2 in November instead of being replaced by a Republican.
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