U.S. Supreme Court Oral Argument Audio and Analysis of Pivotal Alabama Voting Rights Act Case

U.S. Supreme Court Oral Argument Audio and Analysis of Pivotal Alabama Voting Rights Act Case

On Tuesday, Oct. 4, the US Supreme Court heard oral arguments in Merrill v. Milligan regarding Alabama Congressional Redistricting. Listen to the Oral Argument on YouTube. Last January, a three-judge district court in Alabama had agreed that the state’s new congressional map likely violated Section 2 of the Voting Rights Act. A divided Supreme Court temporarily blocked that ruling in February and after nearly two hours of oral argument on Tuesday, the justices appeared inclined to permanently set aside the district court’s ruling according to Amy Howe of SCOTUSblog. The crux of the state of Alabama's argument is that the…
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Alabama Federal Court Blocks Congressional Map on Voting Rights Act Grounds. Gives Legislature 2 Week Deadline

On Monday an Alabama Federal District Court blocked the new congressional map enacted in November of last year. The order gives the legislature 14 days to enact a new map that the court advises should include " either an additional majority-Black congressional district, or an additional district in which Black voters otherwise have an opportunityto elect a representative of their choice." Read the opinion here. Alabama's congressional map has had one majority-Black district since 1992 (District 7), and the map adopted in 2021 retained that district. Plaintiffs had argued that Section 2 of the Voting Rights Act applies in this…
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Illinois Federal Court Rejects Voting Rights Act and Racial Gerrymandering Challenges to Legislature’s State Senate and House Maps

On Thursday, the U.S. District Court for the Northern District of Illinois issued a per curiam opinion rejecting the claims of three groups of plaintiffs in the consolidated cases (McConchie, Contreras, and East St. Louis NAACP) against the state legislative district maps, which the legislature approved in September. The claims included allegations of racial gerrymandering and minority vote dilution in violation of Section 2 of the Voting Rights Act. In regards to the votings rights claims, the court characterized the plaintiff's view of the maps as a failure to "maximize" minority electoral success, and warned that the Supreme Court has…
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Arkansas State House Map Gets Voting Rights Act Challenge in Federal Court

On Wednesday, the Arkansas State Conference NAACP and the Arkansas Public Policy Panel filed a lawsuit against the newly enacted Arkansas State House district map. The suit alleges minority vote dilution in violation of the Voting Rights Act. The case is Arkansas State Conf. NAACP v. Arkansas Bd. of Apportionment. Read the Complaint. PRESS RELEASE DECEMBER 29, 2021 LITTLE ROCK, Ark. — The American Civil Liberties Union, ACLU of Arkansas, Law Office of Bryan L. Sells LLC, and Dechert LLP filed a federal lawsuit today challenging a new redistricting plan for the Arkansas State House of Representatives that would undermine the voting strength of…
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GROUPS LAUNCH LEGAL CHALLENGES OVER ALABAMA RACIAL GERRYMANDERING

A group of voters backed by several civil rights organizations have filed a pair of lawsuits against Alabama's congressional and state legislative districts enacted just 12 days ago. The first lawsuit alleges the congressional map violates section 2 of the Voting Rights Act. The second suit claims both the congressional and statehouse maps are racial gerrymanders. Read the complaints here: Milligan v. Merrill (congressional) and Thomas v. Merrill (congressional and state legislative). PRESS RELEASE (Nov. 15, 2021): BIRMINGHAM, Ala. — Individual voters joined with civil rights and faith groups today to file a pair of lawsuits in federal court challenging…
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Justice Department Issues Guidance on Federal Statutes Regarding Redistricting and Methods for Electing Public Officials

Justice Department Issues Guidance on Federal Statutes Regarding Redistricting and Methods for Electing Public Officials

Press Release: Sept. 1, 2021 Today the U.S. Department of Justice announced the release of a guidance document to ensure state, county, and municipal governments comply with Section 2 of the Voting Rights Act concerning redistricting maps and methods of electing governmental bodies following the release of the 2020 Census redistricting data. “The right to vote is the right from which all other rights ultimately flow,” said Attorney General Merrick B. Garland. “Discriminatory redistricting schemes or election practices threaten that fundamental right and are illegal. The guidance issued today makes clear that jurisdictions must abide by federal laws when redrawing…
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[Podcast] Partners at Akin Gump,  and Professor/Consultant Kareem Crayton Discuss Redistricting Law and the Census

[Podcast] Partners at Akin Gump, and Professor/Consultant Kareem Crayton Discuss Redistricting Law and the Census

ON-Air with Akin Gump digs into the legal side of redistricting. In this episode, Akin Gump litigation partner Hyongsoon Kim and Supreme Court and appellate senior counsel Aileen McGrath and Crimcard founder and managing partner Dr. Kareem Crayton discuss redistricting and the impact of the 2020 Census. Listen Below.  
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Justice Department Reaches Agreement with the City of West Monroe, Louisiana Under the Voting Rights Act

Justice Department Reaches Agreement with the City of West Monroe, Louisiana Under the Voting Rights Act

The Justice Department announced today that it has entered into a proposed consent decree to settle a voting rights lawsuit with the City of West Monroe, Louisiana. DOJ Press Release: April 15, 2021 The Justice Department’s lawsuit, brought under Section 2 of the Voting Rights Act, challenges the current at-large method of electing the West Monroe Board of Aldermen. Under this agreement, the City of West Monroe will change its method of electing its Board of Aldermen to ensure compliance with the protections of the Voting Rights Act. The proposed consent decree was filed in federal court in conjunction with…
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Civil Rights Groups Issue New Report Detailing Potential Harm to Minority Groups During Redistricting Due to Differential Privacy

Civil Rights Groups Issue New Report Detailing Potential Harm to Minority Groups During Redistricting Due to Differential Privacy

Civil rights groups are raising concerns about the accuracy of the U.S. Census Bureau’s proposed new system for protecting privacy in a report released today. The report raises concerns about how the Bureau's use of differential privacy as evidenced by recent demonstration data, will obfuscate the true population count of minority populations and frustrate compliance with federal (and some state) Voting Rights laws governing the redistricting process. PRESS RELEASE April 5, 2021: Civil Rights Groups Issue New Report Detailing Potential Harm to Upcoming Redistricting Efforts Highlight Concerns About the Census Bureau’s Differential Privacy Methodology (Washington, D.C.) – Civil rights groups…
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What Will an Updated Voting Rights Act Preclearance Formula Look Like?

What Will an Updated Voting Rights Act Preclearance Formula Look Like?

The U.S. Supreme Court effectively halted administrative preclearance for redistricting maps (as well as other voting changes) for states required to do so under section 5 of the Voting Rights Act (see Shelby County v. Holder). This ended the need for the Justice Dept. to preapprove redistricting maps in TX, Georgia, Alabama, several more states, and some local jurisdictions. While the court did not actually invalidate section 5, it did declare the formula that determines which states are covered under section 5 unconstitutional because it had not been updated for some time. With Democrats in control of Congress and the…
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