Litigation Update: Merrill v. Milligan

On February 7, 2022, the Supreme Court noted probable jurisdiction and granted certiorari before judgment in a case involving Alabama's new congressional district map. It also granted a stay allowing the map to go into effect for Alabama's upcoming primary elections. The Alabama State Conference of the NAACP and others had challenged the map adopted by the Alabama State legislature before a three-judge federal district court panel. They argued that the state's redistricting plan dilutes minority votes in violation of Section 2 of the Voting Rights Act. The district court, agreeing with the plaintiffs, enjoined Alabama from implementing the legislature's map and gave the state legislature 14 days to implement a remedial redistricting plan that "include[s] two districts in which Black voters either comprise a voting-age majority or something quite close to it"--or the court would itself retain an expert to draw, on an expedited basis, a congressional map compliant with federal law for purposes of the 2022 congressional elections.
By a 5-4 vote, the Supreme Court stayed that order.
Many commentators have weighed in, some critiquing the Court's order, others dissecting the vote breakdown and still others considering possible implications. Professor Michael T. Morley of FSU College of Law joins us for a litigation update to discuss the issues.
Featuring:
Professor Michael T. Morley, Assistant Professor of Law, Florida State University College of Law

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