(Source: MIRS.news, Published 06/08/23) A U.S. Supreme Court decision that sends Alabama congressional map makers back to the drawing board for not making enough Black majority districts throws the future of Michigan's Senate and, maybe, House map into question.
In a 5-4 opinion from Chief Justice John G. Roberts Jr., the court affirmed a lower court’s finding that Alabama's congressional map likely violated Section 2 of the Voting Rights Act (VRA) when it drew only one of its seven congressional districts with a majority Black population. The rest were majority white districts that elected Republicans.
Only the 7th District has 55% of its population as being Black, despite 27% of Alabama's population being Black. Per the VRA, the calculations would show the state needed at least two.
The majority opinion was signed in full by Justices Roberts, Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson.
Justice Brett Kavanaugh concurred that Alabama’s redistricting plan violates VRA, but he dissented from another portion of the majority's opinion.
In Michigan, the state Senate map went from having five seats with a majority Black population to zero. Predictably, the number of Black senators went down from five to three.
Over in the state House, the number of majority Black districts went from 12 to 6, but the number of Black House members stayed at 14.
The Congressional map went from two majority Black districts to zero. The number of Black members of Congress stayed unchanged at one.
Instead of "packing" Black voters into districts as prior maps had done, Michigan's first-ever Independent Citizens Redistricting Commission (ICRC) "cracked" Detroit in the legislative maps, making Detroit the hub of a wheel with the districts being the spokes that stretched (in every case) into a neighboring city.
The ICRC's legal counsel had argued that as long as it can prove that Black candidates would have a good chance of winning in a particular district based on historical data, the maps adhere to the U.S. Voting Rights Act.
ICRC attorney Bruce Adelson told the Commission a district may only need 40% Black voters for a Black candidate to win, based on fairly recent elections.
So far, the ICRC has won in court, but with today's decision, that could change. Two sources told MIRS, “This absolutely throws the current lines into question.”
It puts the Commission in a bad spot and, on first blush, this case seems to side with those who believe that Michigan's legislative lines were drawn in violation of the VRA, which requires states to ensure that the number of majority-minority districts is representative of the state's demographics.
“The Redistricting Commission disrespected African-American voting communities and many people sounded the alarm,” said Rep. Graham Filler (R-St. Johns). “Now, Michigan politics may be turned on its head as these districts are redrawn.”
As far as the decision, Justice Clarence Thomas sharply disagreed, saying Section 2 doesn’t demand that Alabama redraw the map “so that black voters can control a number of seats roughly proportional to the black share of the State’s population.” The law doesn’t allow it, he noted, and if it did “the Constitution would not permit it.”
Section 2 “does not remedy or deter unconstitutional discrimination in districting in any way, shape, or form,” Thomas wrote. “On the contrary, it requires it, hijacking the districting process to pursue a goal that has no legitimate claim under our constitutional system: the proportional allocation of political power on the basis of race.”
Justice Samuel A. Alito Jr., who also wrote a dissenting opinion, and Justices Neil Gorsuch and Amy Coney Barrett joined Thomas in part or in full.
Michigan Secretary of State Jocelyn Benson called Thursday's ruling “an important victory for the voting rights of every American.”
She added: "After years of rulings that undermined the Voting Rights Act, I’m gratified to see the Court enforcing the law as intended. This case demonstrates the continued need for fairness when governments make decisions about voting districts. It also highlights the need for a Michigan Voting Rights Act to protect and support Michigan voters. I look forward to continuing to work with partners in the Legislature to pass the necessary bills in the months ahead.”
The Republican-led Alabama Legislature redrew its congressional maps based on the 2020 Census. Of its seven congressional districts, one had a majority of Black voters and that lone district traditionally elects a Democrat while the other districts are Republican-led.
Two groups of plaintiffs sued in November 2021 and in January 2022, a three-judge district court panel, that included two former President Donald TRUMP appointees, unanimously ruled the state should have created two districts with a majority or close-majority of Black voters.
“We see no reason to disturb the District Court’s careful factual findings,” Roberts wrote.
A number of organizations, including the Southern Poverty Law Center and League of Women Voters, praised the ruling, as did Maya Wiley, president and CEO of The Leadership Conference on Civil and Human Rights, who called it a decision to protect the freedom to vote. In a statement, Wiley called on Congress to take action to restore the VRA.
Priorities USA Deputy Executive Director Aneesa McMillan also praised the decision, saying it is a “crucial win for Black voters who have historically faced unnecessary barriers to the ballot box in the state.”
