Trump’s DOJ joins Alabama’s fight against ‘indefensible’ congressional redistricting order
Solicitor John Sauer said a district court ruling creates "chaos and confusion" and is "highly likely" to be overturned by the U.S. Supreme Court.
Ethan Parker 
The U.S. Department of Justice has officially stepped into the legal fray surrounding Alabama's special congressional election battle, aligning itself with Republican state officials.
A High-Stakes Legal Brief
Solicitor General D. John Sauer submitted a filing to the U.S. Supreme Court this Wednesday, advocating for an emergency stay against a lower court’s order. That previous ruling had effectively blocked the GOP-favored congressional map intended for use in the upcoming special election.
In his argument, Sauer stated that the federal government maintains a vested interest in shielding citizens from "court-ordered racial gerrymanders" and ensuring that federal courts refrain from overstepping their bounds into the state's constitutional authority regarding redistricting.
The Path to the Ballot
Should the Supreme Court grant this stay, Alabama would be cleared to utilize its desired map for the August 11 special primary. A win for this map could potentially allow Republicans to regain a 6-1 advantage in the state’s U.S. House delegation, flipping a seat lost during the 2024 cycle.
The legal controversy stems from a three-judge district court's recent preliminary injunction, which prevented the use of the legislature’s map. The district court panel contended that the current map diluted Black voting power by failing to include a second majority or near-majority Black district, instead ordering the continued use of a court-drawn map that facilitated the election of U.S. Rep. Shomari Figures in 2024.
Challenging the Lower Court
Sauer, alongside Alabama Attorney General Steve Marshall, asserts that the state's redistricting efforts were driven by partisan objectives rather than race. Arguing that the district court’s logic is now "indefensible" following the Supreme Court's decision in Louisiana vs. Callais, Sauer emphasized that the current injunction creates significant "chaos and confusion" for state election officials ahead of the August deadline.
The application for the emergency stay was filed with Justice Clarence Thomas, who serves as the circuit justice for the 11th Circuit. Marshall has requested a decision by 10 a.m. on June 1, with Justice Thomas setting a 4 p.m. EDT deadline on June 1 for responses to be submitted.
