Alabama Attorney General Steve Marshall filed an emergency motion on Monday with the 11th Circuit Court of Appeals to vacate or stay district court injunctions blocking Alabama from using its 2021 map for State Senate districts.
The filing requests a ruling on or before May 8, ahead of Alabama's May 19 primary election.
The motion argues that last week's landmark U.S. Supreme Court decision in Louisiana v. Callais confirmed that the district court erred by enjoining Alabama's Senate maps and ordering the State to use a court-drawn remedial plan that intentionally created an additional majority-black Senate district in the Montgomery area.
On Friday, Governor Kay Ivey called the state legislature into a special session this week to consider changes to the primary election in case the injunctions are lifted.
"Time is of the essence. We immediately filed a motion with the Circuit Court, urging a decision by May 8, because Alabamians deserve to vote using their own maps in our upcoming primary. The South has changed, and the courts have acknowledged as much. We cannot be held indefinitely to a framework rooted in 1965. With the Callais decision now in place, we are confident our race-neutral districts can serve as the foundation for all future redistricting,” Marshall said.
Alabama Secretary of State Wes Allen said, “As the appellant in both of Alabama’s redistricting cases, I am taking decisive legal action, in coordination with Attorney General Steve Marshall, to seek expedited judicial review.”
“Timely resolution is critical to provide clarity and stability for Alabama’s election process. The State has a primary role in drawing its legislative districts through its elected representatives, and continued delay prolongs federal court oversight beyond what is necessary,” he added. “Alabama stands ready to move forward. With the Governor’s special session underway, we are prepared to act promptly to implement state Senate maps consistent with governing law and return map-drawing authority to the Legislature.”
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