Plaintiffs seeking to block implementation of the legislature’s new map apportioning Alabama’s congressional and state districts, set to go into effect January 28, continued to offer expert witnesses to bolster their claims under the Voting Rights Act of 1965. 

The hearing is taking place before a three-judge panel in the United States District Court, Northern District of Alabama, in Birmingham. The panel is composed of U.S. Circuit Judge Stanley Marcus and U.S. District Judges Anna Manasco and Terry Moorer.

While Tuesday’s testimony focused on the “whole county” plan, advocated for by one of the plaintiffs, State Senate Minority Leader Bobby Singleton (D-Greensboro), the focus on Wednesday shifted to the complaint under Section 2 of the Voting Rights Act. The named plaintiffs for the VRA complaints are Evan Milligan and Marcus Caster.   

Section 2 of the Voting Rights Act is a nationwide prohibition against voting practices and procedures, including redistricting plans, that discriminate on the basis of race, color or membership in a language minority group.

Tensions seemed to rise during the afternoon session, which featured contentious exchanges between William S. Cooper, an expert witness for one of the plaintiffs (Caster) and defense counsel Jim Davis.   

The most contentious exchanges between Cooper and Davis came when Davis scrutinized Cooper’s methodology. Cooper’s testimony also touched on the role of minority voters in helping Alabama maintain the current number of congressional seats, which many thought may have been at risk during the 2020 U.S. Census.

“I’d bet a dollar to a doughnut that without the increase in the minority population, that Alabama would have lost that seat.”

The day ended with all sides agreeing they had no further questions and the judge dismissing Cooper as a witness.  Plaintiffs will continue another round of expert testimony on Thursday and potentially into Friday.

The hearings are scheduled to continue into next week when the defense will call their expert witnesses.