Alabama legal battle paused because state is closed for Jefferson Davis’ birthday

U.S. Supreme Court Associate Justices Samuel Alito (L) and Clarence Thomas, U.S. Capitol on January 20, 2025 in Washington, DC. Chip Somodevilla/Pool via REUTERS/File Photo

Alabama is working to redraw its congressional maps in time for the 2026 midterm elections, but it has run into several barriers. Monday, it was due to a brick wall of their own making.

Last week, the 11th Circuit U.S. Court of Appeals ruled that Alabama could use a legislative district map found to violate Section 2 of the Voting Rights Act, the Democracy Docket reported. The vote was a 2-1 split, with both appointees appointed by President Donald Trump.

“Alabama seeks a stay in part on the theory that it can, or will, undo those election results and hold a new primary election,” said Judge Nancy Abudu's dissent. “That request, which may generate widespread confusion, warrants careful consideration, and the Supreme Court has cautioned federal courts to tread carefully when elections already are underway."

The decision comes after a panel of federal judges ruled in April that the maps could not go forward.

So, Alabama Attorney General Steve Marshall announced in a court filing that he would immediately appeal to the U.S. Supreme Court and seek a stay. Justice Clarence Thomas is the Circuit Justice for the Eleventh Circuit.

The state begged for a ruling before June 1 at 10 a.m., a timeline that has come and gone. Thomas requested a response from the challengers to "Alabama’s racist maps by 4 p.m. on Monday," former political and legal analyst Mike Sacks wrote on BlueSky.

Monday is a state holiday in Alabama.

"State of Alabama offices will be closed on Monday in observance of Confederate President Jefferson Davis’ birthday," Al.com wrote over the weekend. It is one of three holidays that the state has to celebrate the failed Confederacy

"Thomas has not issued an admin stay, and the Court almost certainly won’t issue a decision before Thomas’ 4 p.m., Monday deadline for the map challengers’ response," commented Sacks. "Telling SCOTUS that Alabama can’t push through its racist maps because it’s too busy honoring Jefferson Davis’s Birthday is perhaps the best thing I’ve ever read. That we’re here because Clarence Thomas ignored Alabama’s request for a SCOTUS decision by this morning is just the cherry on top."

Alabama is trying to move the U.S. House Districts 1, 2, 6 and 7 and state Senate seats 25 and 26, said AL.com in a timeline of election days.

An issue is that there was already a primary election in Alabama during the last week of May. Outgoing GOP Gov. Kay Ivey crafted a special primary election for Aug. 11 to take into account the new districts. The rules for that, however, dictated that "the secretary of state must certify the names of opposed candidates to probate judges by Friday, May 29."

June 1 is the deadline for "changes to voting rolls for the special primary," the state says.

Thus, the conflict with the original schedule.

"Because of the June 16 primary runoff, the voter registration records will close after June 2 — leaving registrars unable to reassign voters until the records become unlocked again after runoff results are certified," said the Alabama Reporter.

It may be that Ivy moves the calendar again. It has "already been heavily altered to accommodate" the GOP's efforts to carve out Democratic districts.

"It also remains unclear whether those primaries will be held if the Supreme Court denies Alabama’s appeal or fails to respond in time," the Alabama Reporter added.

From Your Site Articles