The decision in Merrill v. Milligan could undermine the most powerful federal protection for equitable voting laws
Brnovich v. Democratic National Committeeeven further.
Both the Alabama Attorney General’s office and the Alabama Secretary of State’s office declined to comment on pending litigation.To win a vote dilution claim under Section 2 of the Voting Rights Act, plaintiffs must first pass what’s known as the “Gingles test.” Based on the 1986 Supreme Court decision, the test requires plaintiffs to draw examples of other maps that wouldn’t dilute minority votes to prove that it’s possible under existing redistricting principles.
The district court agreed with the plaintiffs. Banning the consideration of race when drawing alternate maps would prevent “any plaintiff from ever stating a Section Two claimin January, adding that if “Section Two is to have any meaning, it cannot require a showing that is necessarily unconstitutional.