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"Boy, it's a complete mystery why the public thinks the court is making partisan political decisions," quipped one law professor following the ruling on Alabama's redistricting.
The US Supreme Court's right-wing majority Monday opened the door for Alabama to eliminate a majority-Black congressional district before this year's midterm elections in a decision that came as Tennessee voters sued to stop their state's racially rigged redistricting.
The nation's high court issued a 6-3 order with no explanation allowing Alabama officials to revert to a congressional map which, despite the state population being roughly 26% African American, has just one majority-Black district out of seven. The order came just a week before Alabama's primary election and less than three years after the same court ordered the state to create a second majority-Black district.
In that case, Allen v. Milligan, two right-wing members—Chief Justice John Roberts and Justice Brett Kavanaugh—joined their liberal colleagues who sided with Black voters in defense of the Voting Rights Act.
SCOTUS, which ordered Alabama to create a second Black opportunity district just 3 years ago, has lifted that order a week before the primary. The Purcell principle says courts shouldn't permit chaos too close to an election—it's now an open question whether there will even be a primary on schedule.
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— Joyce White Vance (@joycewhitevance.bsky.social) May 11, 2026 at 3:32 PM
Monday's ruling follows last month's Louisiana v. Callais decision, in which the justices ruled 6-3, also along ideological lines, that Louisiana's congressional map is “an unconstitutional racial gerrymander."
The decision ironically voided the last remaining provision of Section 2 of the Voting Rights Act, which allows voters of color to challenge racially discriminatory electoral maps in court.
Dissenting in Monday's decision, liberal Justice Sonia Sotomayor noted that the high court previously found that "Alabama violated the 14th Amendment by intentionally diluting the votes of Black voters."
"That constitutional finding of intentional discrimination is independent of, and unaffected by, any of the legal issues discussed in Callais," she added.
Earlier on Monday, the ACLU and ACLU of Tennessee filed a federal lawsuit on behalf of three Black voters, the Black Clergy Collaborative of Memphis, the Memphis A. Philip Randolph Institute, and the Equity Alliance seeking to block the state's racially rigged congressional map approved last week by the state Legislature and signed into law by Republican Gov. Bill Lee despite tremendous opposition from African American Tennesseans and their allies.
The lawsuit argues that the new map violates the Constitution by intentionally discriminating against Black voters in Memphis and retaliates against them for exercising their First Amendment right to political expression and association.
As the ACLU of Tennessee explained:
Tennessee has had a Memphis-based congressional district for the better part of a century. The challenged map dismantles that district, which is the state’s only majority-Black congressional district. It divides Black voters in Memphis and Shelby County across three majority-white districts that stretch from Memphis hundreds of miles into central Tennessee, diluting Black Memphians’ votes and stripping those communities of any meaningful voice in Congress...
A white-controlled supermajority of the Tennessee General Assembly enacted the new map targeting Black Memphians over mere days in a special legislative session that had been called after the candidate-qualifying deadline had already run.
"Black voters in Memphis did exactly what the Constitution empowers every American to do, which is to choose their representative,” ACLU of Tennessee executive director Miriar Nemeth said in a statement. “The Legislature’s response was an effort to ensure that those votes never carry the same weight again. The law has a name for this, and it’s not redistricting, it is textbook First Amendment retaliation. And it is, at its heart, racism.”
The Tennessee branch of the NAACP, state Democratic Party, Democratic candidates, and voters have also sued to challenge the redistricting.
The current partisan redistricting war began when President Donald Trump and congressional Republicans, who fear losing control of Congress after November's midterms, pushed Texas to enact a mid-decade redistricting. California retaliated with its own voter-approved redraw, and numerous red and blue states have followed suit or announced plans to at least consider doing so.
On Monday, Virginia's Democratic attorney general and party legislative leaders asked the US Supreme Court to block a state high court ruling against a voter-approved redistricting that favors Democrats.
Last week, Roberts dismissed the increasingly prevalent public perception that Supreme Court justices are "political actors."
Chief Justice Roberts bemoans the public's view of the Justices as political actors ...and then offers no explanation at all as the Court sprints to vacate a finding of INTENTIONAL discrimination, interfering with an impending election to let Alabama Rs sneak in a touch more partisan gerrymander.
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— Justin Levitt (@justinlevitt.bsky.social) May 11, 2026 at 3:21 PM
Following Monday's ruling, Loyola Law School professor Justin Levitt said sardonically on Bluesky, "Boy, it's a complete mystery why the public thinks the court is making partisan political decisions."
“This is not a special session—this is a white power rally, and a white power grab," said one Tennessee Democrat.
Republicans in the Tennessee House of Representatives voted during a special session on Thursday to adopt a new congressional map that would carve up the state's lone majority-Black district, a move that came amid raucous protests from angry residents and Democratic lawmakers.
The special session was called by GOP Gov. Bill Lee at the behest of President Donald Trump, whose aggressive gerrymandering push across the country was supercharged by the US Supreme Court's decision last week gutting the 1965 Voting Rights Act’s protections against racial discrimination. One Tennessee Republican—state Rep. Todd Warner (R-92)—walked into the House chamber for Thursday's vote wearing a Trump 2024 flag as a cape.
The Tennessee House approved the new congressional map, which would likely draw the only Democrat in Tennessee's US congressional delegation out of his seat, by a party-line vote of 64 to 25. Following the vote, The Tennessean reported that "Democrats linked arms and walked out of the room. Seconds later, the chamber adjourned."
Shouts of rage flooded the Tennessee House chamber after the map passed, and protesters booed and jeered Republican lawmakers as they exited.
⚡️ WATCH — JUST NOW — 99% white Tennessee House Republicans pass a racist 9-0 map stripping majority Black Memphis of congressional representation pic.twitter.com/OYwTWZK2i1
— The Tennessee Holler (@TheTNHoller) May 7, 2026
House passage of the map came after lawmakers voted to repeal a 1972 ban on mid-decade redistricting after limited debate, clearing the way for approval of the new district lines, which are expected to draw US Rep. Steve Cohen (D-Tenn.)—the only Democrat in Tennessee's congressional delegation—out of his seat.
The Tennessee Senate is expected to approve the new map on Friday.
State Rep. Justin Pearson (D-86), whose brother was among the demonstrators arrested during a protest against the new map, said in the wake of Thursday's vote that "this is what evil looks like."
"I told a colleague today that you're all going to have a lot to repent for, because these actions are evil," Pearson told Zeteo. "And we have to use that language."
Ahead of Thursday's vote, state Rep. Gloria Johnson (D-90) said that "this is not a special session—this is a white power rally, and a white power grab."
REP. @VoteGloriaJ: “This is not a special session, this is a white power rally, and a white power grab.”#JimCrow #Memphis pic.twitter.com/K3TO3IAbzk
— The Tennessee Holler (@TheTNHoller) May 7, 2026
Democracy Docket reported that the new map "splits Memphis, a majority-Black city that made up most of the state’s 9th Congressional District, between three districts."
"It also further fractures Nashville, another Democratic stronghold in the state," the outlet added.
The ACLU of Tennessee called the redrawn district lines a "Jim Crow" map with the "specific goal of targeting the state's only majority-minority district in Memphis."
"The moment politicians manipulate the map," the group warned, "the power begins to leave your hands."
Tennessee's special session came days after Louisiana's Republican governor suspended his state's US House primaries to allow lawmakers to redraw district lines following the US Supreme Court's decision in Louisiana v. Callais, the high court's latest hammer blow to the Voting Rights Act.
Republican lawmakers in Alabama and Mississippi are also moving to redraw their states' district lines following the Supreme Court's ruling.
"By weakening protections against racial gerrymandering, the court made it easier for politicians to draw voting maps that look neutral but quietly weaken the voices of communities of color," warned the pro-democracy group Common Cause. "When that happens, certain voters have less of a say in who represents them, and that’s exactly how power gets skewed.
"You are deliberately trying to silence the voices of a community," said one Democratic Tennessee state senator. "You cannot call it anything but racism.”
Voting rights defenders in Tennessee on Wednesday condemned a racially rigged congressional map proposed by Republican state lawmakers in the wake of last week's US Supreme Court decision limiting challenges to discriminatory redistricting.
Tennessee Republicans unveiled a US House map that breaks Memphis—one of the nation's largest majority-Black cities—into three districts in a bid to make it likely for GOP candidates to flip the 9th Congressional District, which has been represented by Democrats for half a century.
"These maps have just been released that look like some coloring book from the Republican Party, without any clarity at a precinct level, of where these new districts are gonna be," state Rep. Justin Pearson (D-86) said Wednesday. Pearson—who is running to unseat incumbent Democratic Congressman Steve Cohen in the 9th District—drew national attention in 2023 when Republican legislators expelled him and Rep. Justin Jones (D-52) following their protest for tighter gun laws after the deadly Covenant School shooting in Nashville.
Tennessee Republicans just unveiled their post-VRA congressional gerrymander.It would eliminate the one majority-Black and solidly Democratic district by splitting Memphis 3 ways to install a 9-0 Republican majority.It also splits Nashville several ways to protect scandal-tarred Rep. Andy Ogles
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— Stephen Wolf (@stephenwolf.bsky.social) May 6, 2026 at 8:34 AM
"This whole process has been a sham," Pearson added. "It's been done in secrecy, behind closed doors, with backroom deals. This is just wrong. And everyone knows why this is happening. This is an attack on our Black majority district, this is an attack on our democracy."
US House Minority Leader Hakeem Jeffries (D-NY) weighed in Wednesday on the proposed gerrymander, writing on X, "MAGA Republicans are taking a blowtorch to Black representation in the American South."
Jeffries said that President Donald Trump "and Supreme Court extremists are responsible for this carnage," vowing to "crush them at the ballot box in November" during midterm elections.
John Bisognano, president of the National Democratic Redistricting Committee (NDRC), said in a statement, “This proposal takes an already egregious gerrymander to an even greater extreme by carving up Memphis into three districts, connecting it to rural areas hundreds of miles away, stretching as far as middle Tennessee—communities with needs far different from those of Memphians."
Bisognano added that the GOP proposal "robs Black voters of the ability to elect a congressional candidate of their choice—reversing a right that Black Memphians fought for with blood, sweat, and tears."
Democratic state lawmakers, civil rights leaders, and concerned citizens rallied outside the Tennessee State Capitol in Nashville Tuesday to protest the proposal as a two-day special legislative session on the issue began.
HAPPENING NOW… marching on the Capitol…. #NewJimCrow @GovBillLee
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— The Tennessee Holler (@thetnholler.bsky.social) May 5, 2026 at 12:33 PM
Republican Tennessee Gov. Bill Lee called the special session just two days after the US Supreme Court's Louisiana v. Callais decision ordering the state to redraw its 2024 congressional map, which created a second majority-Black district to mitigate persistent barriers to equal representation.
Lee's move came a day after a phone call from Trump, who has urged him and other Republican governors to follow the lead of Texas, the first salvo fired in a redistricting war prompted by Republican fears of a midterm loss of one or both houses of Congress. Democrat-controlled California followed Texas' move, with other blue states including Virginia, Maryland, and Washington in various stages of enacting or considering redraws.
Republican Louisiana Gov. Jeff Landry subsequently suspended his state’s scheduled May 16 US House primary election, a move that drew rebuke from liberal Supreme Court Justice Ketanji Brown Jackson and legal challenges from Louisianans who already cast ballots in the contest.
The Louisiana v. Callais decision, which the court's 6-3 right-wing majority framed as limiting the role of race in redistricting, is now being used to defend maps where race still plays a decisive role, not only in Tennessee but also in other states that are moving to redraw their congressional maps to dilute Black voting power. Republican Florida Gov. Ron DeSantis last week signed a rigged congressional map into law.
“The ink was barely dry on the Supreme Court’s disastrous decision to gut the Voting Rights Act before Tennessee Republicans rushed to be the first to shamelessly capitalize on it by proposing a gerrymander that systematically targets Black voters in Memphis... and ensures all of the state’s congressional districts are majority-white," Bisognano said.
Bold, blatant f*cking racism. They're gleeful about it.
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— catnan.bsky.social (@catnan.bsky.social) May 5, 2026 at 7:58 PM
Tennessee House Speaker Cameron Sexton (R-25) said in a statement that “the Supreme Court has opined that redistricting, like the judicial system, should be colorblind—the decision indicated states like Tennessee can redistrict based on partisan politics."
“Tennessee’s redistricting will reduce the risk of future legal challenges while promoting sound and strategic conservatism," Sexton added.
Black Memphians weren't having it. Protesters interrupted the second day of hearings Wednesday as a House committee discussed the proposal, chanting, "Memphis is Black, there's no denying that!" and "Hands off our vote!"
“Memphis is Black! There’s no denying that!”House committee disrupted after Speaker sexton presents the racist Republican maps and claims race has nothing to do with how they carved up the city to dilute black representation with white power 🤔(From @gabbysalinas)
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— The Tennessee Holler (@thetnholler.bsky.social) May 6, 2026 at 3:06 PM
"Voters pick our leaders, not the other way around,” Memphis resident Amber Sherman told WREG. "Slicing up Memphis’ congressional districts across a state map will make it impossible for us to get fair representation in Congress because we know that adding a chunk of rural voters to urban cities will never give us fair representation.”
Nashville students confronted Sen. Joey Hensley (R-28) inside the Capitol on Wednesday about how the proposal will disenfranchise voters affected by the redistricting. Hensley's attempt to gaslight the students was caught on camera by The Tennessee Holler, which has provided extensive coverage of the gerrymandering effort.
HENSLEY: “Their vote will still count the same.”STUDENTS: “Then why not leave it the way it was before?”🤔🔥Sen. Joey Hensley (R-Hohenwald) tries to gaslight NASHVILLE students about the Republican push to strip representation from MEMPHIS… and gets immediately owned.
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— The Tennessee Holler (@thetnholler.bsky.social) May 6, 2026 at 7:09 AM
During Tuesday's session, numerous Democratic lawmakers objected to the proposal, with some invoking the deadly struggle of the Civil Rights era.
"I never thought in my lifetime as the youngest African American to ever serve in this body, in the history of this state, that I’d be standing in a body surrounded by my colleagues who are going to erase the vote of my city and Black people in Memphis,” state Sen. London Lamar (D-33) said, according to Democracy Docket.
“This will be one of the most racist actions taken in the modern history of this Legislature that you are participating in this week," she continued. "Intentionally breaking state law to take my community’s vote is downright disgusting and offensive.”
“This is an opportunity for you to have some courage, show some courage. Y’all know this is wrong,” Lamar added. “You don’t have to do it.”
State Sen. Raumesh Akbari (D-29) said: “There’s no way to sugarcoat eliminating a district that is 61% Black and breaking it up into three different districts. You are deliberately trying to silence the voices of a community. You cannot call it anything but racism.”
“History will not look back kindly on you when you had an opportunity to do what was right and you chose to do something else,” she added.
MEMPHIS SENATOR @raumeshakbari : “This is an act of hate. You cannot call it anything but racism. You cannot sugarcoat this.”Tennessee Republicans are diluting Black representation with white power, stripping their seat in Congress. #JimCrow @GovBillLee @MarshaBlackburn
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— The Tennessee Holler (@thetnholler.bsky.social) May 5, 2026 at 4:31 PM
As Democracy Docket reported: "The debate repeatedly returned to personal history. Black lawmakers invoked ancestors who had fought in wars, lived through segregation, and struggled for the right to vote, placing the proposed map squarely in the lineage of those battles."
The fight for civil rights in Memphis spans centuries, from the Reconstruction-era Memphis Massacre to the Ida B. Wells-led anti-lynching campaign to the assassination of Martin Luther King, Jr. to ongoing struggles over police violence, inequality, and economic justice.
Martin Luther King III warned in a letter to legislative leaders that the redistricting would "dismantle the only congressional district that provides Black voters in Memphis a fair opportunity to have a voice in our democracy."
“Do not take this nation back to the days of Jim Crow," he implored, adding that the “resulting disenfranchisement of Black voters would run contrary to everything that my father, Dr. Martin Luther King Jr. fought for.”
Bisognano vowed to fight the GOP rigging attempt, saying that "Republicans are doing this because they think they can get away with it without consequence."
"But they are wrong," he added. "Tennesseans from across the state are already rising up against this un-American attempt to deny Black voters their voice at the ballot box, and, if enacted, this map will be challenged in court.”