Thread by @stevenmazie

NEW at SCOTUS: Alabama files emergency application in race & redistricting dispute over new state's new congressional map.

As COVID-related litigation dissipates, this is likely the first of a wave of post-redistricting map-drawing disputes the justices will have to navigate.

First page. Will post full application in a minute.

Here's a copy of the document. It is not yet on the SCOTUS website but should be soon. drive.google.com/file/d/1Y-iwCq…

Here's the context: 3 days ago, plaintiffs prevailed in a 3-judge district court w claim that AL violated the Voting Rights Act by failing to draw more than one district where black voters could elect a candidate of their choice. nytimes.com/2022/01/25/us/…

This is another hugely consequential, highly complex shadow-docket matter that is ill-suited to the shadow docket. But also time-limited, as AL needs to get to work on a new set of maps ASAP if the lower-court ruling stands.

So does SCOTUS move this to the merits docket, or keep it as an emergency matter and hear argument as they did with the vaccine mandate cases?

A key legal question is whether Section 2 of the VRA, after SCOTUS's Brnovich decision last June, still has enough teeth in it to sustain a challenge like the one against Alabama's maps.

Here is @rickhasen's instant analysis, which by and large matches what I've said in this little thread. electionlawblog.org/?p=127237