Contrary to a federal court order, Alabama's Republican-dominated legislature has disobeyed a Supreme Court ruling regarding district boundaries by failing to include two districts with Black voters forming "voting-age majorities or something close." In its new congressional map.
This would violate both the district-drawing formula established by the high court and federal law against racial gerrymandering.
1. The Voting Rights Act
The Voting Rights Act of 1965 required Alabama and other states with histories of voter discrimination to gain preclearance from the federal government prior to drawing new legislative or congressional districts, but once that law was overturned in 2013, these states employed districting plans that dispersed Black voters into single districts where their numbers were outvoted by whites voters.
A lawsuit brought forward by voters, the Birmingham chapter of NAACP and Greater Birmingham Ministries (GBM), challenged Alabama's redistricting plan in 2015. They contended it violated both the constitution and Voting Rights Act by packing most Black voters into one area known as "Black Belt" before leaving only one Black majority district across all of Alabama.
A district court held that state lawmakers illegally used race to racial gerrymander congressional districts and ordered them redrawn. Unfortunately, the Supreme Court declined to hear the case and the lower court's order stood as is.
Justice Elena Kagan wrote in her separate dissent that Alabama's argument was incorrect, and that it would have been preferable if the court agreed to hear the case and decide whether or not to stay its ruling from lower courts.
Other justices also voiced reservations about Alabama's districting scheme. Justice Samuel Alito suggested that courts should adopt a race-neutral approach when redistricting and make it harder for legal challenges alleging discriminatory motivation behind redistricting decisions to succeed in court; Samuel Alito joined Ketanji Brown Jackson and Breyer in suggesting the bar for proving racial gerrymandering should be raised further.
But the court ruled that even if someone demonstrated that a district was drawn with racial bias in mind, it will only be unconstitutional if it cannot "equally open" to all voters. Alabama did not fail this test according to their unanimous ruling and this argument did not go forward further than this point.
2. Congressional Districts
U.S. Supreme Court ruling finds Alabama congressional district lines violate Voting Rights Act, prompting state lawmakers to hold special session with task of drawing new districts by Monday as per court directive: creating at least one more Black-majority district "or something quite close".
Partisan politics lie at the core of this debate, as Republicans who dominate elective office in Alabama were unwilling to create districts that would enable Democratic-leaning Black majorities to elect another Democrat to Congress. Two appointees of President Donald Trump served on a three-judge panel which unanimously concluded that Alabama likely violated 1965 law by diluting Black voting strength by packing them all into one district in order to give Republicans an unfair edge in elections.
Judicial challenges to congressional district maps across the country have given congressional district maps a much-needed facelift, including in Louisiana. While the Supreme Court temporarily put on hold an earlier lower court ruling for that case, they are likely to lift it shortly.
As well as giving renewed life to efforts against racial gerrymandering in states like Alabama - with its longstanding use of race to maintain political power by packing minority voters into voting districts that benefit incumbents - it's also providing fresh momentum in the battle to end such practices despite federal court challenges and intervention by the Justice Department.
Duchin's 2021 special session plan, approved without public input or hearing, does not comply with the Supreme Court order to abide by the Voting Rights Act. Specifically, it fails to create another majority-Black district while packing voters into existing Democratic District 1. As a result, this district has become a reliable Republican stronghold and Democrats rarely win more than 20% of votes there in recent elections. In addition, its proposed plan does not address white voter overcrowding that violates another key component of Voting Rights Act compliance.
3. Local Governments
The Constitution of Alabama grants municipalities (cities, towns and counties) broad powers that are public in nature. Most of these powers are delegated by the legislature of Alabama; however some municipalities may retain certain proprietary powers reserved exclusively to them by law. Municipalities also possess the power to pass laws designed to enhance welfare, protection and safety within their community.
Alabama legislature's approach to redistricting could serve as a national model. A Supreme Court ruling from 2022 mandates that congressional and legislative districts be drawn by the legislature using census data; additionally, their constitution mandates contiguous districts without county splits; during May 2011 redistricting cycle, legislative Reapportionment Committee adopted guidelines requiring compactness while protecting communities of interest while incumbents are also safeguarded from unfair redistricting practices.
However, Alabama's Republican-controlled legislature disobeyed these instructions and instead devised a congressional map with only one majority Black district out of seven despite Alabama being home to 27% Black residents. This decision came days after Alabama Supreme Court upheld a three-judge panel's finding that current district lines violate federal Voting Rights Act provisions.
As the Alabama Legislature refuses to establish another majority-Black district, residents of the Black Belt cannot count on having representation that matches their priorities. Communities throughout this region have long complained about generational poverty, poor internet service and limited access to affordable health care as major concerns.
Alabama lawmakers' refusal to follow court guidance has resulted in widespread outrage from voters and advocacy groups, including former U.S. Attorney General and Chair of National Democratic Redistricting Committee; both of whom characterized Alabama's new maps as discriminatory and unconstitutional if necessary, with plaintiffs vowing to fight on until constitutional amendment or adoption of new state constitution implement home rule policies; until that occurs locally citizens wishing for greater say over government can continue the fight locally.
4. Legislative Districts
Before federal court rulings made race an illegal factor in redistricting, Alabama had one of the worst records in the nation for maintaining minority representation. State constitutions and laws stipulated that district boundaries should be redrew after every decennial census; however, Alabama legislators ignored this mandate, often using their power to discriminate against minorities by using powers like smuggling prisoners into voting districts to increase minority votes.
After Reconstruction, Alabama's laws and constitution effectively placed African Americans at the bottom of its political hierarchy. Black voters paid more taxes to support state government than Whites but weren't given adequate representation in either legislative bodies or local councils. Alabama's Republican-dominated legislature then created the "State Sovereignty Commission," an intelligence operation funded by taxpayer dollars that used spying techniques such as monitoring Black students before reporting them to local police or initiating economic boycotts against activists to further discriminate against African-Americans.
During the 1960s, the Civil Rights Movement increased voter turnout by permitting Blacks to cast more ballots and challenge for seats in state legislatures. To limit its effects, Republicans controlled legislative redrawing processes, using them to keep power within state governments as well as local governments for themselves.
After redistricting congressional and legislative districts in Virginia, black-majority districts remained unchanged while others became much whiter and more conservative. In 2021, the legislature created new maps but were found violative of Section 2 of the Voting Rights Act by three-judge panel.
The Supreme Court has now intervened, and while they did not reinstate Alabama's previous maps, they provided it an opportunity to submit its own plan. A divided Court consisting of two appointees from President Trump could determine if new maps for 2024 elections are drawn up in time or not.
If the courts approve of these new maps, they will have an immediate and lasting effect on Alabama's political balance for years to come. As this case progresses through courtroom proceedings, its effects on Alabama's racial gerrymandering will come under intense scrutiny.
http://dlvr.it/Ssklgb
Comments
Post a Comment