Former U.S. Attorney Jay Town thinks a new ruling by the Eighth Circuit Court of Appeals could result in another change to Alabama’s congressional map by 2026.
The federal appeals court issued a ruling Monday declaring that only the U.S. government can sue under Section 2 of the Voting Rights Act of 1965.
The case that forced Alabama redistricting was originally brought by three legal groups who filed lawsuits challenging the plan, arguing it violated the Voting Rights Act of 1965.
Town said if this latest case eventually makes it to the U.S. Supreme Court, and if those justices side with the appeals court, that would make the ruling on Alabama’s reapportionment invalid.
The former U.S. attorney discussed the issue on WVNN’s “The Dale Jackson Show.”
“It is very interesting,” Town said. “I don’t know if it will affect 2024, but we could get a new map in 2026 now.”
Town explained how the Eighth Circuit made their decision.
“That circuit said, ‘Look, we’re reading the Voting Rights Act here y’all, and we don’t see where a private citizen under Section 2 or any other section is allowed, unless it’s a violation of the 14th or 15th Amendment, to sue anybody. The attorney general of the United States it says here must be the mechanism, the vehicle for that lawsuit,'” he said. “And so they essentially said, ‘Sorry you don’t have standing, private plaintiff,’ and threw the case out.”
Town believes eventually the Supreme Court will make a decision on this that would then have ramifications for congressional districts in the Yellowhammer State.
“That’s when you’ll starting seeing these states like Alabama taking immediate action to toss the restraining orders, which is really what these are, out because they were brought up by private citizens,” he said. “And then they would have to be dismissed, and then you would have to see Merrick Garland bring the same suit. Then again you’re just talking delay and hopefully we would have a new attorney general in 2025 that might see things differently.”
He also said that the current makeup of the Supreme Court makes it likely they will agree with the Eighth Circuit Court in this case.
“Most of the justices are not fans of the Voting Rights Act,” he said. “Someone like Justice Thomas, who doesn’t think the Voting Rights Act should exist at all, will have another basis to look at that the Alabama case.”
Yaffee is a contributing writer to Yellowhammer News and hosts “The Yaffee Program” weekdays 9-11 a.m. on WVNN. You can follow him on Twitter @Yaffee
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