Unsigned SCOTUS Alabama Order May Make Intentional Discrimination Even Harder to Prove and Easier for States to Ignore the Purcell Principle



We recently reported that the U.S. Supreme Court’s majority greenlighted Alabama’s return to its 2003 congressional district map, twice struck down by a lower court as intentionally discriminatory.  One election law expert calls it a “significant and very bad” decision. 

UCLA Law professor Rick Hasen writes in his Election Law Blog QUOTE, “The Supreme Court makes the already difficult path of proving discriminatory intent even harder,” and that the decision is “potentially just as significant as Callais.”

In striking down the map, the district court wrote in its 98-page ruling, “The undisputed evidence left us in no doubt that Alabama’s legislatively enacted plan intentionally discriminated based on race in violation of the Constitution.”  Ignoring that evidence, the Supreme Court instead chided the district court for not assuming the Alabama legislature had acted in good faith. 

The Purcell principle, which has guided whether voting rule changes are too close to an election, was also assaulted.  The new high court ruled, QUOTE, “States are free to decide for themselves whether last-minute changes to an election are in their best interests.” 

Professor Travis Crum of Washington University School of Law writes in Election Law Blog that the ruling encourages states to defy lower court orders, and  Purcell will be used to, QUOTE, “Maximize the power of state legislatures to do whatever they want vis-à-vis elections.”

We’ve linked to the expert analysis at AmericanDemocracyMinute.org. I’m Brian Beihl.

Today’s Links

Articles & Resources:

U.S. Supreme Court – Order Allowing Alabama to use its discriminatory 2003 Map, overturning lower court
U.S. District Court (via ACLU) –  Decision affirming Alabama’s 2003 congressional map was intentionally discriminatory
Election Law Blog – Professor Rick Hasen, UCLA Law School  – Breaking: The Supreme Court, Over the Dissent of the 3 Liberal Justices, Allows Alabama to Use Maps that a Lower Court Found to Be Intentionally Discriminating Against Black Voters (Now Updated with Analysis–This is a Significant and Very Bad Ruling)
Election Law Blog – Professor Travis Crum, Washington University School of Law – The Supreme Court Rewards Alabama’s Defiance
Brennan Center for Justice – What the Supreme Court Gets Wrong About Democracy in the South

Related ADM Reports:

American Democracy Minute –  The Purcell Principle, Often Used in the SCOTUS Shadow Docket, Will Be Argued in the Texas Gerrymandering Decision.  What is it?

American Democracy Minute – U.S. Supreme Court Majority Greenlights Alabama’s 2023 Congressional Map, After a Lower Court Panel Said -Again- It Intentionally Discriminated

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – How to Register And Vote in Your State 


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