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Redistricting lawsuits in the 2020 redistricting cycle

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Redistricting

State legislative and congressional redistricting after the 2020 census

General information
State-by-state redistricting proceduresMajority-minority districtsGerrymandering
The 2020 cycle
United States census, 2020Congressional apportionmentRedistricting committeesDeadlines2022 House elections with multiple incumbentsNew U.S.House districts created after apportionmentCongressional mapsState legislative mapsLawsuitsStatus of redistricting after the 2020 census
Redrawn maps
Redistricting before 2024 electionsRedistricting before 2026 elections
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Redistricting is the process of enacting new district boundaries for elected offices, particularly for offices in the U.S. House of Representatives and state legislatures.

All United States Representatives and state legislators are elected from political divisions called districts. The states redraw district lines every 10 years following completion of the United States census. The federal government requires that districts must have nearly equal populations and must not discriminate on the basis of race or ethnicity.[1] This article includes a selection of lawsuits that arose during the course of the 2020 redistricting cycle.

Lawsuits by state

Below are written summaries of redistricting lawsuits challenging enacted congressional or legislative maps after the 2020 census. States are listed in alphabetical order. Lawsuits within states are listed in reverse chronological order, with the most recent lawsuit appearing first.

See also: Redistricting in Alabama after the 2020 census

Post-enactment lawsuits (see Allen v. Milligan)

This section provides overviews of lawsuits challenging redistricting maps that were filed after Alabama enacted maps for the 2020 redistricting cycle.

State appeals to the U.S. Supreme Court

On June 6, 2025, the state appealed a May 2025 ruling that the Alabama State Legislature intentionally discriminated against Black voters with its 2023 congressional district map.[2]

Federal court considers state-drawn congressional map

The same panel that rejected the state's revised congressional boundaries before the 2024 election, which led to the use of court-created districts in that election, decided whether the state-drawn map diluted Black votes. The state defended the legislature's map, and the plaintiffs sought to make the court-drawn map permanent.[3] A trial began on February 10, 2025. The panel ruled on May 8, 2025, that the legislature discriminated against Black voters when they approved a congressional map that contained one majority-Black district. The court-drawn map would stay in place until the 2030 redistricting cycle.[4]

U.S. Supreme Court rejects revised congressional map

On September 26, 2023, the U.S. Supreme Court rejected the state's request to use the district boundaries overturned by the United States District Court for the Northern District of Alabama. The decision was unanimous, with none of the justices dissenting. The ruling allowed for the continued consideration of Special Master Richard Allen's proposed district maps by a panel of federal judges. Lead plaintiff Evan Milligan said the ruling was a "victory for all Alabamians" and "definitely a really positive step." Attorney General Steve Marshall’s office had not issued a statement on the decision as of September 26.[5]

Federal court panel overturns Alabama’s revised congressional redistricting plan

A three-judge panel of the United States District Court for the Northern District of Alabama ruled on September 5, 2023, that the revised congressional district boundaries that the Alabama legislature enacted on July 21, 2023, were not in accordance with the Voting Rights Act.[6] The federal district court's order said, "this Court concluded that the 2023 Plan did not remedy the likely Section 2 violation found by this Court and affirmed by the Supreme Court. We, therefore, preliminarily enjoined Secretary Allen from using the 2023 Plan in Alabama’s upcoming 2024 congressional elections."[6] The federal district court ordered its Special Master to submit three proposed remedial plans with the court by September 25, 2023, that comply with the Voting Rights Act and "traditional redistricting principles to the extent reasonably practicable."[6] On September 5, 2023, Alabama Secretary of State Wes Allen's office said it would appeal the federal court's decision to the U.S. Supreme Court. A spokesperson for Allen issued a statement which said, "While we are disappointed in today’s decision, we strongly believe that the legislature’s map complies with the Voting Rights Act and the recent decision of the U.S. Supreme Court. We intend to promptly seek review from the Supreme Court to ensure that the State can use its lawful congressional districts in 2024 and beyond."[7] Special Master Richard Allen submitted the three maps for the judges' consideration on September 25. One map would create a second congressional district in southeastern Alabama with a 50.1% Black voting-age population, while the other two would create districts with either a 48.7% or 48.5% Black population.[8]

Plaintiffs file objection to state's 2023 revised map

On July 28, 2023, the plaintiffs in Allen v. Milligan objected to the revised congressional district boundaries that the state enacted on July 21, 2023.[9] The plaintiffs' objection argued, "Alabama’s new congressional map ignores this Court’s preliminary injunction order and instead perpetuates the Voting Rights Act violation that was the very reason that the Legislature redrew the map. The new map (known as SB5) fails to address this Court’s ruling that the 2021 congressional map likely violates § 2 of the Voting Rights Act (VRA)."[10] The plaintiffs requested that the court prohibit the state from using the new boundaries and appoint a special master to draw a new congressional map that the state would use for the remainder of the decade.[9]

U.S. Supreme Court rules Alabama’s congressional map violates the Voting Rights Act

See also: Allen v. Milligan

On June 8, 2023, the Supreme Court of the United States ruled 5-4 that Alabama's congressional map violated Section 2 of the Voting Rights Act and had to be redrawn to include a second majority-Black district. Chief Justice John Roberts wrote the majority opinion and was joined by Justices Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, and Ketanji Brown Jackson. Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Amy Coney Barrett formed the minority.[11]

U.S. Supreme Court stays injunction against Alabama’s congressional map

On February 7, 2022, the Supreme Court of the United States stayed a preliminary injunction that a three-judge federal district court panel had issued enjoining Alabama from using the congressional redistricting plan that the state had enacted on November 4, 2021. The Supreme Court’s stay meant that the congressional district boundaries adopted by the state will be used for the 2022 elections. The Court also granted a petition for a writ of certiorari in the case, meaning that the Court accepted the case challenging the congressional district maps for either the 2021-2022 term or the 2022-2023 term.[12]

The Court’s majority did not post a full opinion in the case. Four of the nine justices wrote or joined in dissenting opinions, meaning the vote to stay the district court’s injunction was 5-4. Justice Brett Kavanaugh wrote a concurring opinion on granting the stay, which was joined by Justice Samuel Alito. Chief Justice John Roberts and Justice Elena Kagan issued dissenting opinions, with Kagan’s dissent joined by Justices Stephen Breyer and Sonia Sotomayor.

Federal court panel blocks Alabama’s congressional redistricting plan

A three-judge federal court panel issued a preliminary injunction on Jan. 24 enjoining Alabama Secretary of State John Merrill (R) from conducting the state’s 2022 elections using the congressional redistricting plan that the state adopted on November 4, 2021.[13]

The judges unanimously ruled that the plaintiffs in Milligan v. Merrill are substantially likely to establish, among other factors, “that Black Alabamians are sufficiently numerous to constitute a voting-age majority in a second congressional district,” and “Black voters have less opportunity than other Alabamians to elect candidates of their choice to Congress.” Four sets of plaintiffs had filed lawsuits challenging Alabama’s new congressional districts for violating Section Two of the Voting Rights Act.[14]

The panel’s decision pushed back the deadline for U.S. House candidates to qualify to run from the state’s original deadline of January 28 to February 11. It also directed the state legislature to devise a congressional redistricting plan “that includes either an additional majority-Black congressional district, or an additional district in which Black voters otherwise have an opportunity to elect a representative of their choice.”[14]

The panel’s three judges were Senior Justice Stanley Marcus of the 11th Circuit Court of Appeals, and District Court Justices Anna Manasco and Terry Moorer. Marcus was first appointed to a federal district court judgeship by President Ronald Reagan (R) in 1985 and to the 11th Circuit by President Bill Clinton (D) in 1997. Manasco and Moorer were appointed as federal judges by President Donald Trump (R) in 2020 and 2018, respectively.

In an email to media outlets on January 24, 2022, a spokesperson for Alabama Attorney General Steve Marshall (R) wrote that, “The Attorney General’s Office strongly disagrees with the court’s decision and will be appealing in the coming days.”[15]

Thomas v. Merrill

On Nov. 15, 2021, James Thomas and three voters, Greater Birmingham Ministries, and the Alabama NAACP filed a lawsuit against Secretary of State John Merrill (R) and the House and Senate redistricting chairmen, Rep. Chris Pringle (R) and Sen. Jim McClendon (R).[16] Plaintiffs filed their lawsuit in the United States District Court for the Northern District of Alabama challenging the state House and Senate maps enacted on Nov. 4, 2021, by Gov. Kay Ivey (R). Plaintiffs alleged that 21 of the House districts and 11 of the Senate districts were racial gerrymanders in violation of the 14th Amendment.[17] As relief, plaintiffs asked the court to declare the maps unconstitutional and require legislators to develop new maps addressing the cited districts.[16]

  • View the plaintiffs' complaint here.

Milligan v. Merrill

On Nov. 15, 2021, Evan Milligan and four other voters, Greater Birmingham Ministries, and the Alabama NAACP filed a lawsuit against Secretary of State John Merrill (R) and the House and Senate redistricting chairmen, Rep. Chris Pringle (R) and Sen. Jim McClendon (R).[18] Plaintiffs filed their lawsuit in the United States District Court for the Northern District of Alabama challenging the congressional map enacted on Nov. 4, 2021, by Gov. Kay Ivey (R).[18] Plaintiffs alleged that the congressional map violated the Section 2 of the Voting Rights Act and the 14th Amendment, saying the map packed Black voters into the 7th Congressional District and cracked Black voters among three other districts.[19] As relief, plaintiffs asked the court to invalidate the enacted congressional map and order a new map with instructions to include a second majority-Black district.[18]

  • View the plaintiffs' complaint here.

Caster v. Merrill

On Nov. 4, 2021, Marcus Caster and seven other Alabama voters filed a lawsuit against Secretary of State John Merrill (R) in the United States District Court for the Middle District of Alabama challenging the congressional map enacted on Nov. 4, 2021, by Gov. Kay Ivey (R).[20] In their complaint, plaintiffs alleged that the enacted congressional map violated Section 2 of the Voting Rights Act "because it strategically cracks and packs Alabama's Black communities, diluting Black voting strength and confining Black voting power to one majority-Black district."[21] As relief, plaintiffs asked the court to invalidate the enacted congressional map and order a new map with instructions to include a second majority-Black district.[20] Following the filing of the plaintiffs' complaint, the case was transferred to the United States District Court for the Northern District of Alabama.[20]

  • View the plaintiffs' complaint here.

Alabama NAACP v. Allen

On November 15, 2021, a group of voters and organizations sued the Alabama Secretary of State and members of the Alabama Legislature's redistricting committee, arguing that the state legislative maps enacted after the 2020 census were racial gerrymanders.[22] On August 22, 2025, the district court struck down the state senate map as a violation of Section 2 of the Voting Rights Act.[23] On November 17, 2025, the court ordered the state to use a remedial senate map in the 2026 and 2030 elections.[24]

Background

Redistricting lawsuits, 2010-2020

In the aftermath of the 2010 redistricting cycles, several lawsuits bearing on the conduct of the 2020 redistricting cycle were decided by state and federal courts. Below are summaries of some of these lawsuits, listed in reverse chronological order.

Rucho v. Common Cause and Lamone v. Benisek (2019)

See also: Rucho v. Common Cause and Lamone v. Benisek

On June 27, 2019, the Supreme Court of the United States issued a joint ruling in Rucho v. Common Cause and Lamone v. Benisek, finding that partisan gerrymandering claims present political questions that fall beyond the jurisdiction of the federal judiciary. The court ruled 5-4, with Chief Justice John Roberts penning the majority opinion, joined by Associate Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh. In the court's opinion, Roberts noted that the framers of the United States Constitution, "aware of electoral districting problems … [assigned] the issue to the state legislatures, expressly checked and balanced by the Federal Congress, with no suggestion that the federal courts had a role to play." He went on to say, "To hold that legislators cannot take their partisan interests into account when drawing district lines would essentially countermand the Framers' decision to entrust districting to political entities." Associate Justice Elena Kagan wrote the following in her dissent, which was joined by Associate Justices Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor: "The partisan gerrymanders in these cases deprived citizens of the most fundamental of their constitutional rights: the rights to participate equally in the political process, to join with others to advance political beliefs, and to choose their political representatives. In so doing, the partisan gerrymanders here debased and dishonored our democracy, turning upside-down the core American idea that all governmental power derives from the people." The court remanded both cases to their respective lower courts with instructions to dismiss for lack of jurisdiction.[336]

Cooper v. Harris (2017)

See also: Cooper v. Harris

In Cooper v. Harris, decided on May 22, 2017, the Supreme Court of the United States affirmed the judgment of the United States District Court for the Middle District of North Carolina, finding that two of North Carolina's congressional districts, the boundaries of which were set following the 2010 United States Census, had been subject to an illegal racial gerrymander, in violation of Section 2 of the Voting Rights Act. Justice Elena Kagan delivered the court's majority opinion, which was joined by Justices Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor (Thomas also filed a separate concurring opinion). In the court's majority opinion, Kagan described the two-part analysis utilized by the court when plaintiffs allege racial gerrymandering as follows: "First, the plaintiff must prove that 'race was the predominant factor motivating the legislature's decision to place a significant number of voters within or without a particular district.' ... Second, if racial considerations predominated over others, the design of the district must withstand strict scrutiny. The burden shifts to the State to prove that its race-based sorting of voters serves a 'compelling interest' and is 'narrowly tailored' to that end." In regard to the first part of the aforementioned analysis, Kagan went on to note that "a plaintiff succeeds at this stage even if the evidence reveals that a legislature elevated race to the predominant criterion in order to advance other goals, including political ones." Justice Samuel Alito delivered an opinion that concurred in part and dissented in part with the majority opinion. This opinion was joined by Chief Justice John Roberts and Justice Anthony Kennedy.[337][338][339]

Evenwel v. Abbott (2016)

See also: Evenwel v. Abbott

In Evenwel v. Abbott, decided on April 4, 2016, the Supreme Court of the United States ruled 8-0 that a state or locality can use total population counts for redistricting purposes. The plaintiffs to the lawsuit, Sue Evenwel and Edward Pfenninger, had argued that district populations should take into account only the number of registered or eligible voters residing within those districts. Total population tallies, which have traditionally been used for redistricting purposes include non-voting residents, such as prisoners, children, and individuals residing in the country without legal authorization. The plaintiffs alleged that this tabulation method dilutes the voting power of citizens residing in districts that are home to smaller concentrations of non-voting residents. In Evenwel, the court unanimously rejected this argument. Justice Ruth Bader Ginsburg wrote the following in the court's opinion: "What constitutional history and our prior decisions strongly suggest, settled practice confirms. Adopting voter-eligible apportionment as constitutional command would upset a well-functioning approach to districting that all 50 states and countless local jurisdictions have followed for decades, even centuries. Appellants have shown no reason for the court to disturb this longstanding use of total population."[340][341][342][334]

Arizona State Legislature v. Arizona Independent Redistricting Commission (2016)

See also: Arizona State Legislature v. Arizona Independent Redistricting Commission

In Arizona State Legislature v. Arizona Independent Redistricting Commission, decided on June 29, 2015, the Supreme Court of the United States ruled 5-4 that "redistricting is a legislative function, to be performed in accordance with the state's prescriptions for lawmaking, which may include the referendum and the governor's veto." At issue was the constitutionality of the Arizona Independent Redistricting Commission, which was created via state constitutional amendment in 2000. According to Article 1, Section 4, of the United States Constitution, "the Times, Places and Manner of holding Elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof." State lawmakers had argued that the use of the word "legislature" in this context is literal; therefore, only a state legislature may draw congressional district lines. Meanwhile, the commission contended that the word "legislature" ought to be interpreted more broadly to mean "the legislative powers of the state," including voter initiatives and referenda. The court majority sided with the commission. Justice Ruth Bader Ginsburg, joined by Justices Anthony Kennedy, Stephen Breyer, Elena Kagan and Sonia Sotomayor, wrote the following in the court's majority opinion: "The people of Arizona turned to the initiative to curb the practice of gerrymandering and, thereby, to ensure that Members of Congress would have 'an habitual recollection of their dependence on the people.' In so acting, Arizona voters sought to restore 'the core principle of republican government,' namely, 'that the voters should choose their representatives, not the other way around.' The Elections Clause does not hinder that endeavor." Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito dissented. In his dissent, Roberts argued that the word "legislature" in Article 1, Section 4, of the United States Constitution ought to be interpreted narrowly to mean the "representative body which makes the laws of the people."[334][343]

See also

External links

Footnotes

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  2. Alabama Political Reporter, "Allen asks for redistricting case’s appeal back to SCOTUS," June 9, 2025
  3. Associated Press, "Alabama’s congressional map at stake in federal Voting Rights Act trial," February 10, 2025
  4. Alabama Reflector, "Federal court: Alabama Legislature intentionally discriminated against Black voters in redistricting," May 8, 2025
  5. Associated Press, "The Supreme Court will let Alabama’s congressional map be redrawn to better represent Black voters," September 26, 2023
  6. 6.0 6.1 6.2 United States District Court for the Middle District of Alabama, "Milligan, et. al v. Allen, et. al," September 5, 2023
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  9. 9.0 9.1 CNN, "Plaintiffs in high-profile redistricting case urge judges to toss out Alabama’s controversial congressional map," July 29, 2023
  10. United States District Court for the Northern District of Alabama, Milligan v. Allen, July 28, 2023
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  12. Supreme Court of the United States, Merrill v. Milligan, February 7, 2022
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