The American Democracy Minute Radio News Report & Podcast for Aug. 12, 2025

After being directed to create two majority-minority Black districts by federal courts, then obstructing that order, Alabama’s congressional map was instead drawn by an independent expert in 2023.  Still defiant, the state appealed, but August 7th, a three judge panel upheld the maps, in a win for Black Alabamians.

Alabama’s population is almost 27% Black, but the legislature included only one majority Black congressional district out of seven.  The U.S. Supreme Court – recently no friend to the Voting Rights Act of 1965, found Alabama intentionally diluted Black voting power, and sent it back to the lower courts.  When the legislature obstructively created a second district where a Black candidate had no reasonable chance of winning, the court chose an independent map over the objection of the state.  

In the August 7th decision, the panel upheld the court-chosen map, but also ruled on whether Alabama should pay for its discriminatory behavior.  Historically under the Voting Rights Act provisions, states could be required to pre-clear all election-related rules and legislation with the Justice Department for such behavior.  But the 2013 Shelby vs. Holder decision neutralized those rules, and the appeals court let Alabama’s discriminatory practices skate – again.  The state may appeal to the U.S. Supreme Court.

We have more on the distasteful history of this case at  AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:

Brennan Center for Justice – (2023) Allen v. Milligan (Formerly Merrill v. Milligan)
American Democracy Minute – (2023) Federal Appeals Court Slams Alabama Legislature for Defying U.S. Supreme Court’s Milligan Ruling and Strikes Down Revised Maps
American Democracy Minute – Fallout Continues from 2023 SCOTUS ‘Milligan’ Decision, as the Alabama Legislature Faces Possible Return of Preclearance Requirements
Alabama Reflector – Federal judges order Alabama to stick with congressional map through 2030
U.S. District Court Northern District of Alabama (Via Election Law Blog) –  Remediation Decision in Milligan v. Allen
Travis Crum, Washington Univ. School of Law via Election Law Blog – Alabama Dodges Bail-in 

Groups Taking Action:

NAACP Legal Defense Fund, ACLU, Greater Birmingham Ministries

Register or Check Your Voter Registration:

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

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Find all of our reports at AmericanDemocracyMinute.org

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#News #Democracy  #DemocracyNews #Alabama #VRAPreClearance #RacialGerrymandering #AllenvMilligan

The post Alabama Must Keep 2nd Majority-Minority District But Skates on VRA Pre-Clearance, Says Federal Appeals Court appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for May 12, 2025

Special Note from the Host:   You may notice some slurring of my speech during this and upcoming reports. May 9th, I suffered an attack of Bell’s Palsy which has affected the right side of my face and impacts my speech.  This is being treated, and recovery is expected with 2-3 weeks of steroid treatments.  Thanks for your patience and understanding.

The U.S. Supreme Court upheld a lower court decision in Allen vs. Milligan in 2023, finding Alabama must provide an additional majority-Black Congressional District.  Defiant, the legislature created new maps – again with only one real majority-minority district. That action could return Alabama to “preclearance” status by the federal government. 

A federal appeals court promptly threw out the revised maps, and used maps from a special master instead.  Alabama challenged the court’s maps, which resulted in May 8th’s 531-page opinion.  

A three-judge U.S. District Court panel found that the legislature’s failure to follow the court’s directive was an intentional effort to discriminate against Black Alabamians.  It rejected the State’s assertions that a new district created with only 40% Black representation was done to avoid a conflict with communities of interest, when evidence suggested otherwise.

The court’s opinion noted, QUOTE, “Remedial proceedings lie ahead, both as to the map(s) Alabama will use for the rest of this census cycle and the Milligan Plaintiffs’ request for bail-in through 2032.” UNQUOTE.  ‘Bail-in” refers to a preclearance of Alabama’s voting districts by the U.S. Justice Department – rules which have not been enforced since the 2013 Shelby vs. Holder decision. 

Whether the Trump DOJ would actually enforce a future VRA Section 2 order it is yet to be seen.   

We’ve linked to more at  AmericanDemocracyMinute.org.  I’m Brian Beihl. 

Today’s Links

Articles & Resources:

History of Allen v. Milligan:
American Democracy Minute – (2023)  Bombshell SCOTUS Decision in Alabama Case Reaffirms VRA Section 2 and May Impact 2024 Elections
American Democracy Minute – (2023)  Federal Appeals Court Slams Alabama Legislature for Defying U.S. Supreme Court’s Milligan Ruling and Strikes Down Revised Maps
American Redistricting Project – Allen v. Milligan

Current Decision in Alabama’s Appeal in Allen v. Milligan
U.S. District Court – INJUNCTION AND ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW

Alabama Reflector – Federal court: Alabama Legislature intentionally discriminated against Black voters in redistricting

Groups Taking Action:

NAACP Legal Defense Fund, ACLU

Register or Check Your Voter Registration:

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

Please follow us on Facebook and Bluesky Social, and SHARE! 

Find all of our reports at AmericanDemocracyMinute.org

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Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy  #DemocracyNews #Alabama #AllenvMilligan #RacialDiscrimination #VotingRightsAct #FairMaps

The post Fallout Continues from 2023 SCOTUS ‘Milligan’ Decision, as the Alabama Legislature Faces Possible Return of Preclearance Requirements appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Jan. 7, 2025

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

The Voting Rights Act of 1965 Section 2 provides opportunity for communities of minority voters to elect the Congressional candidate of their choice by creating a majority minority voting district.   In 2025, Alabama – for the first time in history – has two Black members of Congress. It wasn’t easy.

Alabama’s population is almost 27% Black, yet the state had only one majority-minority Congressional district out of seven after the 2020 redistricting cycle.  Voters sued under the voting rights act, and in 2022, after a protracted litigation, the U.S. Supreme Court in Allen v. Milligan determined the legislature had intentionally diluted Black voting power.  Alabama’s Federal District Court ordered new maps, which the legislature and governor defied, refusing to create a second majority-minority district. Finally, in October 2023, the court chose a map drawn by a court-appointed expert which included a second Black district. 

Black Alabamian Shomari Figures, son of civil rights activists, won the 2nd Congressional District, 55% to 45%.  He joins Rep. Terri Sewell, who won the 7th District, 64% to 36%. 

The Milligan decision was long-awaited justice for Black Alabamians, but a Supreme Court decision in a South Carolina gerrymandering case, and another pending in Louisiana, may narrow already weakened Voting Rights Act protections. 

We have more on the Milligan decision and its consequences at AmericanDemocracyMinute.org.  I’m Brian Beihl. 

To view the whole script of today’s report, please go to our website.

Today’s Links

Articles & Resources:
Alabama Reflector – U.S. Supreme Court rules Alabama’s congressional maps violate Voting Rights Act
Brennan Center for Justice – Supreme Court Upholds Section 2 of Voting Rights Act in Allen v. Milligan; Brennan Center Reacts
American Democracy Minute – A Victory for Black Voters as Court Approves Special Master’s Maps in Alabama

American Democracy Minute – Alabama Redistricting Committee Defies SCOTUS Milligan Decision, Again Proposing Only One Majority Black Congressional District

Alabama Relector – For 1st time in history, Alabama will have two Black U.S. House members serving together

Groups Taking Action:

National Redistricting Foundation, NAACP Legal Defense Fund, ACLU Alabama

Register or Check Your Voter Registration:

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

Please follow us on Facebook and Bluesky Social, and SHARE! 

Find all of our reports at AmericanDemocracyMinute.org

Want ADM sent to your email?  Sign up here!

Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy  #DemocracyNews #VRA #VotingRightsAct #AllenvMilligan #Alabama

The post For the First Time in American History, Alabama Has 2 Black Members Congress, Thanks to the Protections of the VRA.  It Wasn’t Easy. appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for March 12, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

The Alabama legislature is poised to further restrict absentee voting, claiming it is protecting elections from “ballot harvesting.”  Democracy advocates point to little evidence of abuse, and claim it’s another round of voter suppression of vulnerable citizens.

SB 1 now needs only a concurrence by the state senate to be sent to Governor Kate Ivey.  The bill is part of a nationwide assault on absentee and mail-in voting, sparked by baseless allegations of widespread voter fraud by former President Trump and his allies.  

SB1 makes it a felony for some types of assistance to absentee voters, including for a non-family member to assist with, or drop off, an absentee ballot application.  With the exception of voters with medical emergencies, QUOTE:    “ . . . It shall be unlawful for an individual to submit a completed absentee ballot application to the absentee election manager other than his or her own application.”  UNQUOTE  Such rules would prevent neighbors, churches or others from assisting the elderly, disabled and unhoused with the return of ballots or ballot applications.

The Alabama Reflector reports that the bill’s Republican champion in the House, Jamie Kiel, did not offer ANY evidence of ballot harvesting activity in the state.  And in the last 24 years, there have been only 16 convictions for absentee ballot fraud.  In the 2020 election alone, over 2.3 million Alabama voters cast ballots, 13% of them by absentee.

We have links to the full text of SB 1, local reporting, and the groups taking action at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
Alabama Legislature – Text of SB 1
Alabama Reflector – Alabama House approves bill criminalizing some absentee ballot assistance
Montgomery Advertiser – Alabama House passes bill limiting absentee voting
Heritage Foundation – Alabama Election Fraud Cases Since 2000
Alabama Secretary of State – Total Ballots Cast ‐ General Election ‐ November 3, 2020
Alabama Secretary of State – Absentee Ballot Application Information by County

Groups Taking Action:
Stand Up America, ACLU Alabama, League of Women Voters AL

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Find all of our reports at AmericanDemocracyMinute.org

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#Democracy  #DemocracyNews #AlabamaPolitics #VoterSuppression #AbsenteeVoting #VotebyMail

The post Alabama Legislature Poised to Add More Barriers to Absentee Voting, Claiming ‘Ballot Harvesting’, Despite No Evidence appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Sept. 28, 2023

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

“The application for stay presented to Justice Thomas and by him referred to the Court is denied.”  So read the entire ruling from the U.S. Supreme Court on the State of Alabama’s Hail Mary to save its defiant Congressional District map.

In a 5-4 decision in June, the U.S. Supreme Court threw out Alabama’s racially gerrymandered Congressional map, and mandated two of seven districts be majority-minority Black districts, or “something quite like it.”  The state legislature responded with one district at 50.65%, and another at only 40%.  In response, the federal appeals court appointed a special master to draw the maps..  Alabama’s AG requested a stay from the U.S. Supreme Court, which was denied September 26th.

Many were surprised by Alabama’s defiant position. Reporting by an Alabama news outlet now appears to show why.  Sources told the Alabama Political Reporter that Alabama Attorney General Steve Marshall, acting on intelligence from a Washington law firm and with support from groups tied to Supreme Court power broker Leonard Leo, pushed to get the case back before the Supreme Court, where Justice Brett Kavanaugh might change his mind on the case.  That plan was derailed in the latest decision, to the benefit of Alabama’s Black voters.

The special master has now submitted three maps, all within the court’s parameters.

We have links to the Alabama Political Reporter’s revealing articles at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
Alabama Reflector – Federal court blocks Alabama’s congressional map, orders new lines drawn
Alabama Reflector – U.S. Supreme Court rejects Alabama’s request to stay redistricting decision
U.S. Supreme Court – ORDER IN PENDING CASE 23A231 ALLEN, AL SEC. OF STATE V. MILLIGAN, EVAN, ET AL.
CNN – Special master in Alabama redistricting case proposes three House maps in a closely watched voting rights fight
Alabama Political Reporter – Inside Alabama Republicans’ plan to overturn Section 2 of the Voting Rights Act
Alabama Political Reporter –  Dark money: The backstory of Alabama’s redistricting defiance
Alabama Political Reporter –  Opinion – Alabama’s defense of its voting maps had a specific target

Groups Taking Action:

National Redistricting Foundation, NAACP Legal Defense Fund, ACLU Alabama

Please follow us on Facebook and Twitter and SHARE! 
Find all of our reports at AmericanDemocracyMinute.org
Want ADM sent to your email?  Sign up here!
#Democracy  #DemocracyNews #AllenvMilligan #EndGerrymandering #SCOTUS #AlabamaPolitics

The post U.S. Supreme Court Refuses Stay for Alabama’s Defiant Redistricting Map, Despite Alleged Plan to Allow Justice Cavanaugh to Change His Mind appeared first on American Democracy Minute.