Allen v. Milligan, 599 U. S. 1 (2023),[note 1] is a United States Supreme Court case related to redistricting under the Voting Rights Act of 1965 (VRA).
Soon after, multiple groups of plaintiffs sued, asserting the districts violated Section 2 of the Voting Rights Act of 1965 and the Fourteenth Amendment to the United States Constitution.
The judges issued an order that Alabama must redraw its maps, such that "any remedial plan will need to include two districts in which Black voters either comprise a voting-age majority or something quite close to it.
"[6] Chief Justice John Roberts also wrote a dissent to the order to grant a stay, but agreed the Court should review the case.
[5] Oral arguments were held on October 4, 2022, with Edmund LaCour defending Alabama, Deuel Ross of the NAACP Legal Defense Fund for the Milligan appellees, Abha Khanna of Elias Law Group for the Caster respondents, and the United States solicitor general Elizabeth Prelogar as amicus curiae for the United States.
[12][13] The defendants had previously asserted that any map must be in place by October 1, a month prior to Alabama's candidate filing deadline on November 10 for the 2024 general elections.
Democratic lawmakers in the state criticized the map for failing to meet the two black-majority district requirement set by the prior litigation.
[15] The special master submitted three options for redistricting that included the required two black-majority districts by September 25, 2023, to be reviewed by the three-judge panel.
[19] On June 9, the day after the Milligan decision, the Robinson Respondents represented by LDF and the ACLU filed a motion to lift the stay.
[21] On June 28, the 5th Circuit issued a request for both plaintiffs and defendants to submit letter briefs on whether or not to remand the case back to the Middle District of Louisiana.
On the same day, the plaintiffs asked the Middle District for a status conference to determine a process for redrawing the congressional map.
[26] The map as drawn would designate the 6th district as strongly Democrat-tilted and likely would push the incumbent, Republican Garret Graves, out of Congress.
Though Graves is more senior than neighboring Representative Letlow, he was a major McCarthy ally during the latter's speakership, worked to undermine the speakership candidacy of Steve Scalise during the October 2023 Speaker of the United States House of Representatives election, and endorsed a primary opponent of Landry's during the 2023 Louisiana gubernatorial election; hence, he was not listed amongst the "protected" list that State Senator Glen D. Womack developed as the map's sponsor.
[34] At the time of the decision, several other federal court cases across 10 states, including South Carolina and Texas, argued against congressional, legislative, and other district maps as violating Section 2.