Alabama AG Petitions SCOTUS to Use Maps Stripped of Gerrymandered Districts, Justice Thomas Responds

AP Photo/Andrew Harnik

On Friday, Alabama Attorney General Steve Marshall petitioned the United States Supreme Court to restore its 2023 congressional maps. As RedState reported, these maps have been restricted from use when a U.S. District Court ruled they were in violation of Section 2 of the Voting Rights Act.

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Attorney General Steve Marshall today asked the United States Supreme Court to lift a federal court order requiring Alabama to use a race-based congressional map in the upcoming May 19 primary. The filings argue that the order in place directly conflicts with the Supreme Court’s ruling last month in Louisiana v. Callais, a case that clarified the rules for how courts must assess challenges brought under Section 2 of the Voting Rights Act to congressional redistricting. The State is asking the Court to act by May 14, five days before Alabamians go to the polls.

“I will continue to fight for Alabama to be able to use the congressional map the people’s elected representatives enacted,” Attorney General Marshall said. “Alabama drew a map based on lawful policy goals, not race, and the Supreme Court’s recent ruling vindicates that approach. We were punished for doing the right thing, and we are asking the Court to correct that now.”


Read More: The Postscript to the Tennessee Democrat Redistricting Meltdowns Is Just Chef's Kiss


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Also on Friday, the Alabama legislature passed two bills which would restore those 2023 maps, and position themselves for a special election using the congressional maps and not the current racially-gerrymandered map. 

However, they cannot pull the trigger until these legal wranglings have been worked out. So, Alabama has been moving fast as they work to get their ducks in a row before the May 19th primary. The benefit: The state has no early voting - and one day to vote - allowing them flexibility in moving the primary date should SCOTUS rule in their favor.  


Read More: Alabama Enters the Chat: Gov. Kay Ivey Calls for a Special Legislative Session on Redistricting Maps


Justice Clarence Thomas, who has jurisdiction over the Eleventh Circuit Court of Appeals, ordered a response from Alabama by Monday, May 11th.

Today’s filings are the latest and most urgent step in Attorney General Marshall’s ongoing effort to restore Alabama’s congressional map. On April 30, Marshall asked the Supreme Court to vacate the lower court’s injunctions and send the cases back to be reconsidered in light of Callais. On May 5, he filed a separate emergency motion at the district court level asking that court to lift its own orders while the appeals play out. Today’s emergency applications go directly to Justice Clarence Thomas and ask the Supreme Court to immediately halt the lower court’s order imposing a court-drawn map on Alabama for the May 19 primary. Separately, Marshall has also been fighting to restore Alabama’s state Senate map, filing an emergency motion with the Eleventh Circuit on May 4 and a reply brief on May 7 in that parallel proceeding.

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Should Justice Thomas rule in Alabama's favor, the state plans to move forward with a 6-1 electoral map.

This story is developing. Check back with RedState for updates.

Editor’s Note: The 2026 Midterms will determine the fate of President Trump’s America First agenda. Republicans must maintain control of both chambers of Congress.

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