Which states could get new congressional maps in 2024?

On Thursday, the lower federal court overseeing Alabama’s redistricting litigation chose a remedial congressional map that the state will use in the 2024 election — and probably beyond. Under the new lines, the 2nd District’s population will have a voting-age population that is about 49 percent Black. Alabama has deeply polarized voting patterns by race — white voters vote solidly Republican and Black voters overwhelmingly Democratic — so the new 2nd District would have backed President Biden by about 12 percentage points in 2020. As a result, the new map is likely to result in the election of a second Democrat from Alabama.

The court had previously rejected the lines that Alabama used in the 2022 election, which had one majority-Black and heavily Democratic seat and six majority-white and solidly Republican seats. In its ruling, the court said the map likely violated Section 2 of the Voting Rights Act by diluting the influence of Black voters. Alabama appealed the case to the Supreme Court, but the high court ruled against the state in June, which compelled Alabama to draw a new map. The state legislature came up with new lines, but the lower federal court also struck down that map, which did not create a second district with a majority-Black (or nearly majority) population. In response, the lower federal court ordered a special master to draw remedial map options, from which the court selected the final new district lines.

With a new map, incumbents and prospective candidates will start making decisions about their electoral futures. Beyond the new 2nd District, the map also may precipitate a member-versus-member primary between Republican Reps. Jerry Carl (of the current 1st District) and Barry Moore (current 2nd District) in the new, deep-red 1st District. Carl, who presently represents more of the new district, looks set to seek reelection, while Moore has said he’s leaning toward a run as well.

Alabama is furthest along in terms of having a new congressional map for 2024. Back in 2021, the Republican-controlled legislature drew Alabama a congressional map that had six majority-white seats and one majority-Black seat — despite it being possible to draw a map with two majority-Black districts. Voting-rights advocates sued, and in January 2022, a federal court agreed that the map discriminated against Black voters and had to be redrawn.

Alabama appealed to the U.S. Supreme Court, but in June 2023, the court handed down a landmark decision that upheld the Voting Rights Act and confirmed that Alabama had to redraw its map. In July, the legislature did so — but the new map still didn’t have a second majority-Black seat. The lower court quickly struck down that map too, and the Supreme Court rejected a Hail Mary appeal of that decision.

The lower court will now choose a new congressional map for Alabama, to be used in 2024. A court-appointed special master has drawn three possible options, all of which would create a second majority-Black seat. And because Black voters so consistently vote Democratic, in partisan terms, that means Democrats will almost certainly pick up a House seat in Alabama next year. In the three proposals, the new 2nd District would have voted for President Biden by anywhere from 10 to 13 percentage points.

In federal cases where plaintiffs argue that a state’s map discriminated against a minority group, we’re predominantly seeing two grounds for suits. First, cases can center around alleged violations of Section 2 of the Voting Rights Act, which prohibits electoral practices that discriminate against a racial or language minority group. In Section 2 cases, the plaintiffs will argue that district lines diluted the voting influence of a minority group, often by “cracking” it to spread it across multiple districts or “packing” it into fewer districts.

Cases can also focus on alleged violations of the U.S. Constitution’s 14th and 15th amendments. Specifically, claims are built around the 14th Amendment’s Equal Protection Clause, which courts have ruled protects against the improper use of race in drawing districts — racial gerrymandering — and the 15th Amendment’s protections against limiting voting rights based on race. These legal frameworks are related — the VRA was created as an enforcement mechanism for the 15th Amendment — so these lines of argument can overlap.

Part of Florida’s congressional map could also change due to litigation over racial discrimination. Under the state’s old lines, a majority-minority 5th District with a plurality-Black population had stretched from Tallahassee to Jacksonville that regularly sent a Black Democrat to Congress. However, under pressure from Republican Gov. Ron DeSantis, the Florida legislature drew a map that dissolved the old 5th, leaving only majority-white and solidly Republican seats in northern Florida.

In early September, a lower state court ruled that the map violated the state constitution because it had diminished the ability of Black voters to elect a candidate of their choice. In some ways, the ruling wasn’t a shock because the state had agreed in court proceedings that the map ran afoul of the state’s anti-diminishment provision. But the state argued that provision should be unconstitutional under the Equal Protection Clause of the U.S. Constitution’s 14th Amendment, signaling a conservative line of argument against voting rights protections that could appear in future state and federal cases.

While unsuccessful in lower court, the state’s argument might find more receptive judges higher up the Florida judicial ladder. Although a state appeals court will consider the case first, it will likely end up in front of Florida’s Supreme Court. And the high court could decide for the state, especially because DeSantis’s five appointments to the court’s seven seats have made it much more conservative. In the meantime, civil rights groups have launched a second track of litigation in federal court, where they argued in late September hearings that the map violated the 14th and 15th Amendments to the U.S. Constitution.