BIRMINGHAM, Ala. — In a move that has stunned voting rights advocates, the U.S. Department of Justice on Friday opposed putting Alabama back under federal oversight for congressional redistricting, despite a recent federal court ruling that found the state intentionally discriminated against Black voters in its latest map.
Alabama’s long, troubled history with voting rights stretches back to Reconstruction, when Black men briefly held office before Democrats used violence, intimidation, and legal maneuvers to suppress Black political power for generations. The Voting Rights Act of 1965, inspired by the Selma-to-Montgomery marches, finally brought federal scrutiny to Alabama’s elections, requiring the state to “preclear” any changes to voting laws with the DOJ. That safeguard was gutted by the Supreme Court in 2013, but the courts can still impose preclearance in cases of intentional discrimination.
Earlier this year, a three-judge panel—two appointed by Donald Trump—found that Alabama’s Republican-led legislature had once again diluted Black voting strength, ignoring court orders to create a second district where Black voters could elect a candidate of their choice. The court’s blistering opinion called the 2023 map “an intentional effort to dilute Black Alabamians’ voting strength and evade the unambiguous requirements of court orders standing in the way”.
Plaintiffs asked the court to put Alabama back under federal supervision for future maps, a remedy known as “preclearance.” But the Biden administration’s DOJ argued against it, saying the state’s violations weren’t “persistent and repeated” enough to warrant such a step, despite the court’s findings of intentional discrimination. The judges are still considering whether to impose preclearance.
Critics say the DOJ’s stance signals a troubling retreat from the federal government’s historic role as a backstop for Southern voting rights. For many in Alabama, it feels like a return to a time when the state could draw maps that silence Black voices without fear of federal intervention. With the DOJ stepping back, the fight for fair representation in Alabama is once again left to the courts—and to the voters who have been demanding justice for generations.