She added that the lower court had acted well before the next primary election, in late May, and the general election, in November.
“Alabama is not entitled to keep violating Black Alabamians’ voting rights just because the court’s order came down in the first month of an election year,” she wrote.
Justices Stephen G. Breyer and Sonia Sotomayor joined Justice Kagan’s dissent.
In earlier decisions, the Supreme Court effectively gutted Section 5 of the Voting Rights Act, which had required federal approval of changes to state and local voting laws in parts of the country with a history of racial discrimination, and cut back on Section 2 of the law, limiting the ability of minority groups to challenge voting restrictions.
The Alabama case also concerns Section 2, but in the context of redistricting.
Section 2 bars any voting procedure that “results in a denial or abridgment of the right of any citizen of the United States to vote on account of race.” That happens, the provision goes on, when, “based on the totality of circumstances,” racial minorities “have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.”
In November, Alabama’s Legislature, which is controlled by Republicans, redrew the state’s seven-district congressional map to take account of the 2020 census. It maintained a single district in which Black voters make up a majority.
How U.S. Redistricting Works
Card 1 of 8What is redistricting? It’s the redrawing of the boundaries of congressional and state legislative districts. It happens every 10 years, after the census, to reflect changes in population.
Why is it important this year? With an extremely slim Democratic margin in the House of Representatives, simply redrawing maps in a few key states could determine control of Congress in 2022.
How does it work? The census dictates how many seats in Congress each state will get. Mapmakers then work to ensure that a state’s districts all have roughly the same number of residents, to ensure equal representation in the House.
Who draws the new maps? Each state has its own process. Eleven states leave the mapmaking to an outside panel. But most — 39 states — have state lawmakers draw the new maps for Congress.
If state legislators can draw their own districts, won’t they be biased? Yes. Partisan mapmakers often move district lines — subtly or egregiously — to cluster voters in a way that advances a political goal. This is called gerrymandering.
What is gerrymandering? It refers to the intentional distortion of district maps to give one party an advantage. While all districts must have roughly the same population, mapmakers can make subjective decisions to create a partisan tilt.
Is gerrymandering legal? Yes and no. In 2019, the Supreme Court ruled that the federal courts have no role to play in blocking partisan gerrymanders. However, the court left intact parts of the Voting Rights Act that prohibit racial or ethnic gerrymandering.
Want to know more about redistricting and gerrymandering? Times reporters answer your most pressing questions here.
That district has long elected a Democrat, while the state’s other six districts are represented by Republicans.
After the map was challenged by Black voters and advocacy groups, a unanimous three-judge panel of the Federal District Court in Birmingham ruled last month that the Legislature should have fashioned a second district “in which Black voters either comprise a voting-age majority or something quite close to it.”