Milligan v. Allen (was Merrill)
Featured Content
Highlighted documents
3-judge fed. ct. I
Order granting prelim. injunction
U.S. Sup. Ct. I
Opinion affirming trial ct.
3-judge fed. ct. II
Opinion striking new plan
3-judge fed. ct. III
Order choosing remedial map
3-judge fed. ct. IV
Opinion striking 2023 plan
Case Information
** This challenge was heard alongside, but (outside of Supreme Court proceedings) not generally consolidated with, Caster v. Merrill and Singleton v. Merrill **
A federal court challenge to Alabama’s congressional districts, alleging that race unjustifiably predominated in the packing of one congressional district, and that the consequent dilution of other Black communities’ voting strength violates the VRA.Â
On Jan. 24, 2022, the three-judge trial court granted a preliminary injunction, finding the plaintiffs likely to prevail on their VRA claim (and reserving ruling on the constitutional claim). The court also postponed the 2022 qualification deadline, to give the legislature time to draw a remedial map. On Feb. 7, 2022, the Supreme Court stayed the injunction and granted certiorari before judgment. On June 8, 2023, the Supreme Court affirmed the trial court — and in the process, preserved precedent on the appropriate interpretation of the Voting Rights Act.
On remand, the state drew a new congressional plan on July 21, 2023; the three-judge trial court issued a preliminary injunction rejecting that plan on Sept. 5, 2023, and directed a special master to draw a remedial map. On Oct. 5, 2023, the court ordered the implementation of one of the remedial maps recommended by the special master, for the 2024 election only.
On Jan. 31, 2024, plaintiffs filed an amended complaint alleging that the state’s 2023 enacted map violates the VRA and was the product of intentional racial discrimination. On May 8, 2025 a three-judge panel agreed that the map was a VRA violation, a holding it described as “not a close call.” The court further held that “try as we might, we cannot understand the 2023 Plan as anything other than an intentional effort to dilute Black Alabamian’s voting strength.”
Because of the finding of discriminatory intent, the court said that it would hold further proceedings to consider putting Alabama back under federal preclearance under Section 3(c) of the VRA. The state has appealed, but subject to the resolution of that appeal, the parties have agreed that the special master’s temporary 2023 plan remedies the VRA violation and will be in place until lines are redrawn after the next Census.
History
Case filings, starting with most recent courtName | Last Modified | ||
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Notice of appeal | Jan 25, 2022 | |
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Motion to dismiss appeal | Feb 9, 2022 | |
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Order dismissing appeal | Mar 4, 2022 |
Name | Last Modified | ||
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Application for stay | Sep 11, 2023 | |
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Amicus brief of Nat'l Republican Redistricting Trust | Sep 13, 2023 | |
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Amicus brief of six of state's seven members of Congress | Sep 19, 2023 | |
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Milligan response (with appendix) | Sep 19, 2023 | |
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Singleton response | Sep 19, 2023 | |
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Amicus brief of state's elected leaders of color | Sep 21, 2023 | |
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State's reply | Sep 20, 2023 | |
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Order denying stay | Sep 26, 2023 | |
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Vol. dismissal of appeal | Sep 29, 2023 |
Name | Last Modified | ||
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State's filing re remedial proceedings | May 28, 2025 | |
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Status report | Jun 9, 2025 | |
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State's filing re bail-in | Jun 16, 2025 |
Map | Challenged 2021 congressional map
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Map | Ordered 2023 remedial map
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