{"id":95,"date":"2026-05-26T20:36:59","date_gmt":"2026-05-26T20:36:59","guid":{"rendered":"https:\/\/homemovechronicle.com\/?p=95"},"modified":"2026-05-26T20:36:59","modified_gmt":"2026-05-26T20:36:59","slug":"three-judges-just-dared-scotus-to-say-what-it-really-thinks-about-black-voting-rights","status":"publish","type":"post","link":"https:\/\/homemovechronicle.com\/?p=95","title":{"rendered":"Three Judges Just Dared SCOTUS to Say What It Really Thinks About Black Voting Rights"},"content":{"rendered":"
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Sign up for\u00a0<\/em>Executive Dysfunction<\/em>, a newsletter that highlights one under-the-radar story each week about how Trump is changing the law\u2014or how the law is pushing back. You\u2019ll also receive updates on the latest from Slate\u2019s Jurisprudence team.<\/em><\/p>\n

Read more Todd Blanche\u2019s Effort to Grant Trump and His Family \u201cForever Immunity\u201d Hides a Greater Danger<\/a><\/p>\n

A federal court in Alabama on Tuesday , yet again, that the state had illegally discriminated against Black voters in drawing its congressional map. The decision, issued by a three-judge district court that included two Donald Trump appointees, comes after the Supreme Court had sprinted to side with Alabama Republicans two weeks ago in light of its debilitation of the Voting Rights Act in Louisiana v. Callais<\/em>. This right-leaning lower court\u2019s thundering, exasperated decision shows just how obvious Alabama\u2019s Jim Crow\u2013style discrimination has been over the past few years. And it will force SCOTUS to either draw the line at overtly racist gerrymandering or admit that it has declared open season on Black Americans\u2019 political representation.<\/p>\n

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Alabama has one of the largest Black populations of any state. And the VRA requires that racial minorities be given an equal opportunity to elect candidates of their choice. But after the 2020 census, the Alabama Legislature has been on a tear trying to silence Black voices by breaking up compact minority-heavy districts around cities and spreading those populations across white rural areas. And the state\u2019s voters have been in court trying to fight for equal representation ever since. These cases have gone before a three-judge district court made up of Judges Anna Manasco and Terry Moorer, both Trump appointees, along with Judge Stanley Marcus, an appointee first of Ronald Reagan, then Bill Clinton. In other words, these are not the types of judges you would expect to look for reasons to distinguish or defy Supreme Court orders. Instead, it is only Alabama\u2019s blatantly racist illegal actions that compelled the panel to reach its repeated rulings that the state is engaged in race-based discrimination.<\/p>\n

These judges first found that the Legislature had violated Section 2 of the VRA by diluting Black representation in 2022, after which Alabama went to the Supreme Court and lost in . In a 2023 opinion by Chief Justice John Roberts, he explained that the map the state had created was an illegal scheme specifically designed to eliminate Alabama\u2019s second majority-minority district. The state then tried to ignore the high court\u2019s ruling: Having been told by multiple courts that its maps were illegal for having only one majority-Black congressional district, it then created a slightly different map, which still included only one such district<\/em>. The same three-judge court again set aside Alabama\u2019s efforts, this time appointing an independent judge and cartographer to make a map that preserved the preexisting precincts without regard to race, a strategy that naturally led to the retention of two minority congressional districts. Early voting started under the court-ordered restored map in March of this year.<\/p>\n

Then, on April 29, Callais<\/em> came down. In an underhanded decision, the Supreme Court drastically rewrote the VRA in much of the same terms that Alabama had wished for back in 2023, repealing the federal requirement that states give fair representation to Black and brown voters. But in doing so, the court swore up and down that its Louisiana decision did not overrule Allen v. Milligan<\/em> or remove safeguards against intentional<\/em> racial discrimination in voting. That lie held for all of 12 days, when SCOTUS then the Alabama court\u2019s 268-page opinion finding unconstitutional intentional discrimination and told the court to reconsider its findings \u201cin light of Callais<\/em>.\u201d Within hours, Alabama tried to order a new primary under a gerrymandered map.<\/p>\n

Tasked yet again with considering the Alabama maps, the district court was compelled by the rule of law to strike them down. On the facts, it explained that \u201cthe Legislature knew that to dilute the Black vote, it could crack the Black population in South Alabama by submerging much of the Black Belt in one majority-White district while simultaneously submerging Black voters in Mobile in a separate majority-White district.\u201d On the law, the court noted that the Supreme Court in Callais<\/em> had not addressed whatsoever the constitutional guarantee against discrimination under the 14th<\/sup> Amendment, which was an independent basis for the court\u2019s ruling outside the VRA. The court therefore found that even after Callais<\/em>, the state\u2019s maps are illegal.<\/p>\n

Read more Trump\u2019s Attacks on the Lawyer Who Argued Birthright Citizenship Give the Game Away<\/a><\/p>\n

\u201cAlabama,\u201d the court pointedly observed, \u201ccannot use Callais<\/em> to legitimize its pre-Callais<\/em> decision to double down on the discriminatory vote dilution that we and the Supreme Court found. And it cannot use Callais<\/em> to legitimize the series of specific and unusual decisions it made to entrench that dilution.\u201d After all, \u201cif such retroactive validation strategies were available,\u201d then \u201cstates would be encouraged to govern themselves according to what they think federal law ought to be, not what it is.\u201d This warning seems aimed squarely at the Supreme Court: If the justices let Alabama get away with this, they won\u2019t merely dilute Black representation; they\u2019ll diminish the court\u2019s own power too.<\/p>\n

It is important to emphasize how cynically strategic the entire Alabama state government\u2019s coordination has been in its attempt to disenfranchise Black Alabamians. Start with the Legislature\u2014which, the court pointed out, engaged in plainly discriminatory behavior, including selectively calling \u201cexperts\u201d who favored white, Republican-benefiting maps and biased historians who ignored the history of Black Alabamians in particular districts. State Attorney General Steve Marshall is part of this scheme too: When SCOTUS announced that it would rehear Callais<\/em> last year, Marshall could have asked the district court for a stay in light of the VRA\u2019s obviously imminent demise. Instead, Alabama\u2014worried it might lose\u2014lay in wait until after Callais<\/em> came down. Then Gov. Kay Ivey canceled the state\u2019s primary, which had been scheduled for May 19, and called a special session so the Legislature could try yet again to gerrymander the Black opportunity district out of existence. By that point, mail voting had already begun, and in-person voting was 20 days away.<\/p>\n

This time crunch helped the district court defuse another issue at hand: the so-called Purcell<\/em> principle, which the Supreme Court sporadically invokes to keep federal courts from changing voting rules too close to an election. SCOTUS\u2019s chief justification for this principle is that it guards against administrative chaos and confusion for voters and candidates. But here, the court noted, preserving the former map would not \u201cworsen\u201d chaos or confusion; rather, it would \u201clessen it\u201d by restoring \u201cthe well-established status quo.\u201d The court\u2019s injunction \u201csimply keeps the candidates and the voters in the districts they have been in for nearly three years,\u201d sparing election officials the \u201cenormously disruptive\u201d scramble of reassigning them to new districts and administering the election under a brand-new map. The state\u2019s director of elections even acknowledged that keeping the old map would \u201cavoid the confusion and error risk attendant\u201d compared to adopting the last-minute gerrymandered maps, which would be a \u201ccostly,\u201d \u201cchaotic, decentralized, and Herculean effort.\u201d So the concerns that motivate Purcell<\/em> counsel against Alabama and in favor of enjoining the state\u2019s newly gerrymandered maps.<\/p>\n

The court also made a subtler point about the fundamental unfairness inherent in invoking Purcell<\/em> to preserve the state\u2019s new, racist map. When SCOTUS cleared the way for Alabama to take another stab at redistricting, one group of plaintiffs filed for a new restraining order within just six hours. Two others filed the next morning. \u201cNo one has delayed,\u201d the court wrote\u2014except the state itself, which waited until the last minute to speed-run a racial gerrymander over the finish line. Wielding Purcell<\/em> to punish the plaintiffs and reward the defendants would be perverse in a case like this, giving lawmakers an incentive to unveil racist voting laws at the eleventh hour, then insist that there\u2019s not enough time for courts to block them.<\/p>\n

Unfortunately, that is exactly how the Supreme Court has weaponized Purcell<\/em> in the past. And the Republican-appointed justices have given us every reason to fear they\u2019ll do the same in the future; they were, of course, the ones who got the ball rolling by dropping Callais<\/em> in the midst of a redistricting war. Alabama is already appealing Tuesday\u2019s decision to the Supreme Court and has vowed to seek an emergency stay; although the right-wing justices may well grant it, they cannot feign ignorance toward the profound injustice and bad faith of their actions. The district court has now laid out, in the starkest terms, the stakes of this case for voting rights, racial equality, and judicial authority. All will be badly damaged if Alabama secures permission from SCOTUS to eliminate yet another diverse district by enacting a racial gerrymander. And Callais<\/em>\u2019 assurances\u2014that it neither overturned precedent nor blessed intentional racism\u2014will be exposed as a cynical fiction that could not survive its first test.<\/span><\/p>\n

Read more The San Diego Mosque Killers Weren\u2019t Just Islamophobic. They Had Another Terrifying Motive.<\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

A federal court in Alabama on Tuesday ruled, yet again, that the state had illegally discriminated against Black voters.<\/p>\n","protected":false},"author":1,"featured_media":94,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[96,18,11,73,29,15,16,17],"class_list":["post-95","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-jurisprudence","tag-alabama","tag-judiciary","tag-jurisprudence","tag-opinionpalooza-2026","tag-samuel-alito","tag-supreme-court","tag-voting","tag-voting-rights"],"yoast_head":"\nThree Judges Just Dared SCOTUS to Say What It Really Thinks About Black Voting Rights - Home Move Chronicle<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/homemovechronicle.com\/?p=95\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Three Judges Just Dared SCOTUS to Say What It Really Thinks About Black Voting Rights - 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