Alabama Files Emergency Stay Applications with U.S. Supreme Court in Congressional Redistricting Cases

May 27, 2026 - MONTGOMERY, Ala. - Alabama Attorney General Steve Marshall on Wednesday filed emergency applications for a stay with the United States Supreme Court in three congressional redistricting cases - Allen v. Singleton, Allen v. Caster, and Allen v. Milligan - seeking to overturn a federal court order that blocks the state from using its 2023 congressional map in the 2026 elections.

The applications, submitted to Associate Justice Clarence Thomas as Circuit Justice for the Eleventh Circuit, ask the Court to stay the May 26 injunction issued by the U.S. District Court for the Northern District of Alabama. Marshall's office requested a ruling before June 1, 2026, and an immediate administrative stay to allow election preparations to resume while the case proceeds.

Attorney General Marshall Cites Supreme Court's Callais Decision

"Yesterday's decision was disappointing but was not surprising," Marshall said in a statement. "The Supreme Court made it clear in Callais that courts should not impose or require states to draw racially gerrymandered congressional maps. But the three‑judge district court set that rule aside and once again replaced Alabama's map with one that sorts voters based on race."

Marshall argued that the district court's injunction conflicts with the Supreme Court's recent ruling in Louisiana v. Callais, which held that states may draw districts based on political and geographic considerations rather than racial composition. He contended that Alabama's 2023 map reflects the state's conservative electorate and complies with the high court's guidance.

"The extent to which there is confusion about the maps which Alabama uses for congressional districts seems to be with the three‑judge panel, not the voters," Marshall said. "The fact that our State's conservative electorate has conservative representation is democracy, not an attack on it."

A Push for Supreme Court Intervention

Marshall emphasized that a stay from the Supreme Court is "the best avenue" to ensure Alabama's congressional delegation reflects its voters. "I believe we should have a 7‑0 Republican congressional delegation that reflects Alabama's voters and complies with the Supreme Court's ruling in Callais, and a stay from this decision is now the best avenue to achieve that goal," he said. "If the court will not uphold the law, I am confident that the Supreme Court will."

The filings assert that the district court's injunction interferes with the state's redistricting law and election timeline, creating uncertainty for candidates and election officials ahead of the 2026 primary season.

Next Steps

The Supreme Court could act swiftly on the emergency applications, as Alabama's election calendar requires clarity on district boundaries before ballot certification deadlines. A ruling on the stay request is expected within days.

If granted, the stay would allow Alabama to proceed with its 2023 congressional map while the underlying legal challenges continue. If denied, the state would remain under the court‑drawn map featuring two majority‑Black districts for the 2026 cycle.