On June 8, 2023, the Supreme Court of the United States in Allen v Milligan upheld the lower court’s determination that the newly adopted Alabama congressional maps likely violate Section 2 of the Voting Rights Act. After lower courts found that Alabama’s most recent redistricting likely violated the Voting Rights Act, the state chose to appeal the case rather than draw non-discriminatory electoral districts. The state argued that, contrary to the protections embodied in the Voting Rights Act, race should not be taken into consideration in redistricting efforts. The Supreme Court disagreed.
Last July, the National Congress of American Indians, represented by NARF, filed an amicus brief in the case arguing against the proposal to eliminate race from redistricting considerations. Participating in American democracy provides Native Americans the opportunity to remedy past injustices by electing representatives who understand and honor Native Nations’ political status within American federalism, who will advance treaty rights, advocate for basic resources, and respect and value Native Americans’ contributions to this country.
The brief explained that there is an ongoing and critical need for Section 2 of the Voting Rights Act to address racial discrimination and contemporary voter suppression that dilutes Native American votes and political power. In fact, the only Section 2 enforcement action brought by the Department of Justice during President Trump’s tenure was a challenge to an at-large district that prevented the election of Native American candidates of choice to a school board.
