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Supreme Court, in Shock 5-4 Decision, Rules That Alabama Discriminated Against Black Voters

"Everyone deserves to have their vote matter and their voice heard,” lead plaintiff Evan Milligan said of the monumental ruling on Thursday

<p>AP Photo/Patrick Semansky</p> Evan Milligan, the case

AP Photo/Patrick Semansky

Evan Milligan, the case's lead plaintiff, after the 5-4 ruling was announced

The conservative-leaning U.S. Supreme Court has unexpectedly ruled that Alabama's seven-district congressional map appears to discriminate against Black voters.

Thursday's surprise 5-4 ruling saw two conservative judges — Chief Justice John Roberts and Justice Brett Kavanaugh — side with all three liberal justices in a decision that could have easily fallen on partisan lines, as it may determine which party controls the U.S. House of Representatives in 2024.

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In Alabama, more than one in four residents are Black — about 27% — yet the state's current congressional map includes only one majority Black district out of seven total.

The Supreme Court's ruling determined that Alabama's congressional map, which favors Republicans and was already used in the 2022 election, likely violates the Voting Rights Act of 1965 by diluting Black votes in the state.

As a result of the court's decision, Alabama (and Louisiana, which has faced similar legal challenges) will need to redraw its congressional districts for the 2024 election in order to give Black voters an equal voice. The redistricting would likely favor Democrats, who recently lost their House majority by only a few seats.

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OLIVIER DOULIERY/AFP via Getty
OLIVIER DOULIERY/AFP via Getty

Justice Clarence Thomas, one of the four conservative judges who opposed the decision, cited the Constitution as reason not to redraw the lines. “Section 2 [of the Voting Rights Act] demands no such thing, and, if it did, the Constitution would not permit it,” he wrote.

Had the Supreme Court swung in Thomas' favor, it would have effectively nullified the Voting Rights Act, which has already been stripped back by conservative justices in recent years. The landmark legislation was passed amid the Civil Rights Movement to prohibit racial discrimination in elections.

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U.S. Attorney General Merrick Garland commended the court's decision on Thursday, saying it “rejects efforts to further erode fundamental voting rights protections.”

“It preserves the principle that in the United States, all eligible voters must be able to exercise their constitutional right to vote free from discrimination based on their race,” he added.

President Joe Biden released a statement that said, in part, "The right to vote and have that vote counted is sacred and fundamental — it is the right from which all of our other rights spring. Key to that right is ensuring that voters pick their elected officials — not the other way around."

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Evan Milligan, the lead plaintiff in the case, celebrated the ruling as a victory for people of color across the nation.

“We are grateful that the Supreme Court upheld what we knew to be true: that everyone deserves to have their vote matter and their voice heard,” he said. “Today is a win for democracy and freedom not just in Alabama, but across the United States.”

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