MONTGOMERY, AL — Alabama Attorney General Steve Marshall filed an emergency motion with the U.S. Court of Appeals for the Eleventh Circuit on Monday seeking to vacate or stay federal court injunctions that currently prevent the State from using its 2021 State Senate redistricting map.
The filing asks the appeals court to issue a ruling by May 8, ahead of Alabama’s May 19 primary election.
According to the motion, the State argues that the recent U.S. Supreme Court decision in Louisiana v. Callais supports Alabama’s position that the lower federal court improperly blocked the 2021 Senate map and replaced it with a court-ordered remedial plan. State officials contend the court-drawn plan intentionally created an additional majority-Black Senate district in the Montgomery area.
Marshall stated that Alabama residents should be able to vote using maps approved by the Legislature.
“Time is of the essence,” Marshall said in a statement announcing the filing. “We immediately filed a motion with the Circuit Court, urging a decision by May 8, because Alabamians deserve to vote using their own maps in our upcoming primary.”
Marshall also referenced broader legal changes surrounding redistricting cases in the South, adding that the State believes the Supreme Court’s recent ruling supports the use of what he described as “race-neutral districts” in future redistricting efforts.
Separately, Alabama Secretary of State Wes Allen announced that he has also requested expedited review from the Eleventh Circuit in Alabama’s state Senate redistricting case.
“As the appellant in both of Alabama’s redistricting cases, I am taking decisive legal action, in coordination with Attorney General Steve Marshall, to seek expedited judicial review,” Allen said in a statement.
Allen said a timely ruling is necessary to provide certainty for Alabama’s election process and emphasized that legislative district boundaries should primarily be determined by elected state lawmakers.
The legal filings come after Governor Kay Ivey called the Alabama Legislature into a special session this week. According to state officials, the session was scheduled to allow lawmakers to respond quickly if courts modify or lift the existing injunctions tied to the State Senate redistricting litigation.
The ongoing legal dispute centers on whether Alabama’s State Senate district maps comply with federal voting rights protections and constitutional requirements. Federal courts previously ordered revised district lines after finding issues with the State’s original maps.
No ruling had been issued by the Eleventh Circuit as of Monday afternoon.
