When are majority-Black voting districts required? Merrill v. Milligan

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CASE PREVIEW​

When are majority-Black voting districts required? In Alabama case, the justices will review that question.​

amy-howe.jpg
By Amy Howe
on Oct 2, 2022 at 2:50 pm

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colored map showing Alabama divided into seven districts

Alabama's congressional map. The only majority-Black district is the 7th District, which has a 55% Black voting-age population. (Source: davesredistricting.org)
Section 2 of the Voting Rights Act bars election practices that result in a denial or abridgement of the right to vote based on race. On Tuesday, the Supreme Court will revisit how that provision, a landmark protection whose broad language is hotly contested, applies to redistricting plans that are challenged as weakening the collective voting power of Black people.

The case, Merrill v. Milligan, involves Alabama’s 2021 redistricting map for its seven seats in the U.S. House of Representatives. A three-judge court that included two judges appointed by President Donald Trump ruled that the state’s map likely violated Section 2. The state is asking the Supreme Court to overturn that decision, arguing that the lower court’s interpretation of Section 2 would itself require the state to discriminate based on race. But the challengers counter that if the justices accept the state’s argument, it could “decimate minority representation across the country.”


 
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