Section 2 of the Voting Rights Act of 1965 forbids the enactment of voting practices and policies that intentionally discriminate based upon race, color, or membership in a non-English language group or have a discriminatory result. In redistricting, Section 2 has been interpreted to require that political districts — including congressional districts — not be drawn to prevent voters of color from electing a candidate of their choice.
After the 2020 Census, Alabama was allocated seven congressional districts. The state’s population is approximately 66% white and 34% Black. Only one of the seven districts drawn by the Republican-controlled legislature is a Black-majority district.
In November 2021, two groups of plaintiffs sued in federal court, alleging the newly enacted congressional map diluted the votes of Black voters in violation of Section 2 of the Voting Rights Act. The plaintiffs asserted the map diluted Black representation by packing Black voters into a single district when Alabama could have drawn two congressional districts that allowed them the opportunity to elect candidates of their choice.
The district court found that the congressional districts violated Section 2 of the Voting Rights Act and ordered a second district for Black voters to be drawn. The defendants appealed to the Supreme Court, which issued its decision on June 8.