Trump’s DOJ joins Alabama’s fight against ‘indefensible’ congressional redistricting order

The U.S. Department of Justice has officially stepped into the legal fray, aligning with Alabama Republican officials in the high-stakes battle over a looming special congressional election.

A High-Stakes Legal Intervention

Solicitor General D. John Sauer filed a brief with the U.S. Supreme Court on Wednesday, aggressively pushing for an emergency stay of a lower court’s order. That order previously blocked the Republican-preferred map that the state intended to deploy for the special election.

Sauer argued that the federal government maintains a vital interest in preventing court-ordered racial gerrymandering and ensuring that the judiciary does not improperly encroach upon the constitutional authority of states to draw their own congressional districts.

The Battle for the Map

A successful stay would clear the path for Alabama to proceed with its August 11 special primary. The GOP-favored map in question could potentially allow Republicans to flip a seat lost two years ago, restoring a 6-1 advantage in the state’s U.S. House delegation.

The current legal dispute stems from a preliminary injunction issued Tuesday by a three-judge district court. The court ruled that the legislature's map diluted Black voting power by failing to create a second majority or near-majority Black district, ordering the state to revert to a 2024 court-drawn map that featured a second "opportunity district."

Sauer, echoing the position of Alabama Attorney General Steve Marshall, insisted that the legislature’s decision-making was rooted in partisan objectives rather than race. "Alabama’s Republican-led state legislature had an obvious partisan interest in maintaining its 6-1 Republican map," Sauer wrote in his filing, adding that the district court’s interference improperly sidelined the state's political goals.

Supreme Court Implications

Pointing to the high court's recent decision in Louisiana vs. Callais, which tightened restrictions on using race in districting, Sauer described the district court's conclusion as "indefensible." The ruling in that case cast significant doubt on the court-drawn map that helped U.S. Rep. Shomari Figures, D-Mobile, win his seat in 2024.

Beyond the legal merits, Sauer emphasized the "chaos and confusion" that the injunction creates, noting that state officials are now left without guidance while facing an impending August 11 primary deadline.

Sauer, who was nominated by President Trump and confirmed in April 2025, underscored that the administration is keenly focused on the redistricting landscape as the midterm battle for congressional control intensifies. Alabama Attorney General Steve Marshall has filed his application with Justice Clarence Thomas, who oversees the 11th Circuit. Justice Thomas has set a deadline of June 1 at 4 p.m. EDT for responses to the application, with the state requesting a decision by 10 a.m. that same day.