Justice Department Files Statement of Interest in Alabama Redistricting Case Opposing Request for Preclearance under the Voting Rights Act

The Justice Department announced today that it has filed a Statement of Interest in the Alabama redistricting case, Milligan v. Allen, 2:21-cv-1530 (N.D. Ala.), opposing Plaintiffs’ request to have Alabama submit its future redistricting plans for preclearance by the U.S. Attorney General under Section 3(c) of the Voting Rights Act.

Three sets of plaintiffs filed lawsuits arguing that two Congressional Districts in Alabama should be majority Black. The Court found that Alabama’s attempt to create a second majority-Black district was insufficient.  Alabama has agreed to use the Special Master’s Remedial Map going forward and has explained to the Court that it will not seek to redistrict again until after the 2030 Census.  One plaintiff argues that it is insufficient and seeks Section 3(c) relief.

In its Statement of Interest, the Justice Department explains that it would not be appropriate to require Alabama to submit future redistricting plans for preapproval by the Court or the federal government. “Section 3(c) preclearance is a drastic departure from basic principles of federalism, and nothing presented to the court justifies the extraordinary requirement of forcing Alabama to have redistricting plans pre-approved by the federal government,” said Deputy Assistant Attorney General Michael E. Gates of the Justice Department’s Civil Rights Division.

“The issues raised by the plaintiffs in this case have been remedied by the State of Alabama’s agreement to use the Remedial Map and pledge to not seek to redistrict again until after the next Census—over five years from now,” said United States Attorney Prim Escalona for the Northern District of Alabama. “The plaintiffs’ request to impose preclearance would unnecessarily tax principles of equal sovereignty that afford Alabama the Constitutional right to manage its own elections.”

The Civil Rights Division’s Voting Section enforces federal statutes that protect the integrity of the vote, including the Voting Rights Act, National Voter Registration Act, Help America Vote Act, and the Uniformed and Overseas Citizens Absentee Voting Act.

More information about voting and elections is available on the Justice Department’s website at www.justice.gov/voting. Complaints about possible violations of federal voting rights laws can be submitted through the Civil Rights Division’s website at civilrights.justice.gov or by telephone at 1-800-253-3931.