MONTGOMERY, AL — Alabama Attorney General Steve Marshall has filed emergency applications with the United States Supreme Court seeking a stay of a federal court order that temporarily blocks the state from using its 2023 congressional districting plan in the 2026 elections.
The filings stem from a preliminary injunction issued May 26, 2026, by a three-judge panel of the U.S. District Court for the Northern District of Alabama in the cases Allen v. Singleton, Allen v. Caster, and Allen v. Milligan. The injunction prevents Alabama from moving forward with its current congressional map while legal challenges continue.
The emergency applications were directed to Associate Justice Clarence Thomas, who serves as Circuit Justice for the Eleventh Circuit. Alabama is requesting that the Supreme Court stay the district court’s order and issue a ruling before June 1, 2026. The state also requested an immediate administrative stay to allow election preparations to continue during the appeal process.
Attorney General Marshall criticized the district court’s ruling and argued that it conflicts with the U.S. Supreme Court’s recent decision in Louisiana v. Callais.
“Yesterday’s decision was disappointing but was not surprising. The Supreme Court made it clear in Callais that courts should not impose or require states to draw racially gerrymandered congressional maps. But the three-judge district court set that rule aside and once again replaced Alabama’s map with one that sorts voters based on race,” Marshall stated.
Marshall also argued that Alabama’s current congressional representation reflects the state’s electorate and said he believes the congressional delegation should remain aligned with the state’s voting trends.
The Attorney General’s Office stated in its filings that the district court’s injunction interferes with Alabama’s redistricting process and election administration ahead of the 2026 election cycle.
Earlier this month, Governor Kay Ivey called a special legislative session aimed at preparing the state for potential court action involving congressional maps. Following the session and a favorable Supreme Court ruling, Ivey announced a special primary election scheduled for August 11, 2026.
State officials noted that election deadlines are approaching, including the certification of opposed candidates to probate judges. Under the original election calendar, that deadline was set for May 29, 2026. However, Governor Ivey amended the Special Primary Election Calendar to extend the certification deadline to June 3, 2026, while the appeal remains pending before the Supreme Court.
In a statement released Thursday, Governor Ivey voiced support for the Attorney General’s appeal efforts.
“Alabama is committed to the redistricting fight, and as I said yesterday, I fully support Attorney General Marshall’s appeal. I am hopeful the Supreme Court quickly gives Alabama a favorable response so we can move forward with the August 11 Special Primary Election using our 2023 congressional map. We remain in close contact with the Secretary of State’s Office and the Attorney General’s Office as the appeal process plays out and as our elections approach us,” Ivey said.
The U.S. Supreme Court has not yet announced whether it will grant Alabama’s request for a stay.
