emergency appeal

WASHINGTON  — The Supreme Court ruled Tuesday night that Alabama Republican leaders may redraw their congressional voting districts to oust a Black Democrat and elect a white Republican.

The court’s conservatives, who ruled for Louisiana Republicans in a redistricting dispute, extended that decision to Alabama. The three liberals dissented.

The decision clears the way for the governor and state lawmakers to redraw their congressional voting map with six districts that favor Republicans and one that favors a Democrat.

“Weeks ago, I warned that vacating the District Court’s injunction in these cases would ‘unleash chaos and … confuse voters,’ ” Justice Sonia Sotomayor wrote in dissent. “Yet just as Alabama doubled down on racial discrimination, the Court today doubles down on chaos. Because I choose to defend the rule of law and the right of all Alabamians to participate equally in democracy, I respectfully dissent.”

The justices granted an emergency appeal that was backed by the Trump administration and set aside the decision of a three-judge panel in Alabama.

The court in a brief opinion said the three judges should not have blocked Alabama’s new map.

“While federal courts should not impose changes close to an election, states are free to decide for themselves whether last-minute changes to an election are in their best interests,” the court said.

Alabama’s emergency appeal went to Justice Clarence Thomas, who referred it to the full court.

Those three judges, two of them Trump appointees, ruled that Alabama’s state lawmakers discriminated against Black voters, who made up a near majority in the center of the state.

Three years ago, the Supreme Court agreed.

In a 5-4 decision written by Chief Justice John Roberts, the justices upheld the creation of a second district in the center of the state where Black voters had a near majority.

The result then was an Alabama state voting map that favored five Republicans and two Democrats for the House of Representatives.

But last month, in the wake of the Louisiana decision, Alabama’s lawmakers went back to court, arguing that the state may return to the voting map with only a single Black majority district.

In his appeal to the Supreme Court, Alabama’s Atty. Gen. Steven Marshall argued that the high court’s decision in favor of Louisiana “vindicates Alabama position on the lawfulness” of its earlier voting map. He said the state should not be penalized for “refusing to intentionally discriminate” to favor Black voters.

The court’s decision has cleared the way for Republican-led states in the South to flip congressional districts in Louisiana, Tennessee, Florida and now Alabama.

WASHINGTON — Democrats on Monday filed an emergency appeal with the U.S. Supreme Court seeking to halt a Virginia ruling invalidating a ballot measure that would have given their party an additional four winnable U.S. House seats.

The move came after the Virginia Supreme Court on Friday struck down a constitutional amendment that voters narrowly passed just last month. The 4-3 state court decision found that the Democratic-controlled legislature improperly began the process of placing the amendment on the ballot after early voting had begun in Virginia’s general election last fall.

Democrats argued unsuccessfully that the U.S. Supreme Court has held that, even if early voting is underway, an election does not happen until election day itself.

The appeal is the latest twist in the nation’s mid-decade redistricting competition. It was kicked off last year by President Trump urging Republican-controlled states to redraw their lines and was supercharged by a recent Supreme Court ruling severely weakening the Voting Rights Act.

“The Court overrode the will of the people who ratified the amendment by ordering the Commonwealth to conduct its election with the congressional districts that the people rejected,” wrote lawyers for Virginia Democrats and Democratic state Atty. Gen. Jay Jones. “The irreparable harm resulting from the Supreme Court of Virginia’s decision is profound and immediate.”

The filing is a sign of Democratic desperation after the Virginia decision. Democrats are still favorites to recapture the U.S. House of Representatives, but their GOP rivals have claimed to have gained more than a dozen seats through redistricting. The voter-approved Virginia map would have partly offset that.

Democrats are taking a legal long shot in asking the justices to reverse the Virginia court’s ruling. The Supreme Court tries to avoid second-guessing state courts’ interpretations of their own constitutions. In 2023, it turned down a request by North Carolina Republicans to overrule a state Supreme Court decision that blocked the GOP’s congressional map.

Politically, the appeal could help a party struggling to compete with Republicans in the unusual mid-decade redrawing of congressional boundaries by providing fodder for election-year messaging about a partisan Supreme Court. The court recently allowed Louisiana Republicans to proceed with redistricting after the justices struck down a majority Black district as an unconstitutional racial gerrymander.

Democrats have been set on their heels because, days after the Virginia ballot measure passed, the Supreme Court’s conservatives reversed decades of rulings and in effect neutered the Voting Rights Act, paving the way for Southern states to eliminate some majority Black districts and further pad Republican margins in Congress.

The Virginia amendment had been launched long before that ruling. It was intended as a response to Republican gains in Texas, Missouri, North Carolina and Ohio, and to blunt a new map in Florida that just became law. Once the Virginia amendment passed, it briefly turned the nationwide redistricting scramble into a draw between the two parties.

That was unraveled by the Virginia Supreme Court’s decision. The justices are appointed by the legislature, which has flipped between the two parties in recent decades, and the body is generally not seen as having a clear ideological bent.

Whitehurst writes for the Associated Press.