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If you’ve been following the latest in election law, you know that Alabama faced a court mandate to create two majority-Black districts or “something quite close to it.” On Friday, hours before the deadline, the GOP-controlled legislature advanced a new, “compromise” map. Alabama GOP Gov. Kay Ivey approved the new map, saying, “The Legislature knows our state, our people and our districts better than the federal courts or activist groups, and I am pleased that they answered the call, remained focused and produced new districts ahead of the court deadline.”
The only problem, is that unlike the incredibly specific court order, the new map only has one majority-Black district. Rut-roh. And while there’s plenty of (unfavorable) things to say about the state going all Cartman (“Whateva Whateva I Do What I Want!”), state officials aren’t the only ones that’ve lost the plot.
As pointed out on social media, Notre Dame law professor Derek Muller tweeted out (and has since deleted) his belief that the new Alabama map met the court imposed requirements.
Made particularly egregious is that Muller is an election law scholar.
Listen, we all make mistakes and maybe that’s all this is. Perhaps Muller just misread the Alabama maps and it isn’t Notre Dame taking a page from George Mason’s ASS Law and trying to become the right wing’s go-to stop to get legal cover for their political ideas. But if it is a mistake and not craven politics, say that. Don’t try to just memory hole the problem now that you’ve been called out. The truth, as a concept, has taken a helluva hit over the last few years. It is incumbent on all of us — but particularly law professors — to say the truth. Alabama’s new election map defies a court order. That’s what you need to say if you’re truly a scholar in the field of election law.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.
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