MONTGOMERY- Alabama Attorney General Steve Marshall today filed emergency applications for a stay with the United States Supreme Court in Allen v. Singleton, Allen v. Caster and Allen v. Milligan, challenging a preliminary injunction issued May 26, 2026, by the U.S. District Court for the Northern District of Alabama that blocks the State from using its 2023 congressional districting plan in the 2026 elections.
The applications, directed to Associate Justice Clarence Thomas as Circuit Justice for the Eleventh Circuit, ask the Court to stay the district court’s order and request a ruling before June 1, 2026. The State also requests an immediate administrative stay to allow election preparations to resume in the interim.
“Yesterday’s decision was disappointing but was not surprising. 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,” Attorney General Marshall said. “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. The fact that our State’s conservative electorate has conservative representation is democracy, not an attack on it.”
“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. If the court will not uphold the law, I am confident that the Supreme Court will.”
The filings argue that the district court’s injunction conflicts with the Supreme Court’s recent decision in Louisiana v. Callais and interferes with the State’s redistricting law.
You can read the filings here:
the Attorney General’s Office filed emergency stay applications with the U.S. Supreme Court following yesterday’s shameful decision by the three-judge panel which temporarily blocks use of the state’s 2023 congressional map, requesting the Court to rule by Monday, June 1.
When Governor Ivey called a special session at the beginning of the month, she stated this action would prepare Alabama if the courts acted quickly, allowing the state to hold a special primary election using the 2023 congressional map. After a successful special session and then a favorable ruling from the U.S. Supreme Court, Governor Ivey acted quickly to call a special primary election for August 11.
With any elections, there are various deadlines, one of which is approaching this Friday, May 29, 2026. According to the August 11 Special Primary Election Calendar, on Friday, May 29, the secretary of state must certify names of opposed candidates to probate judges. However, to further ensure the state remains in the best position should it receive a favorable ruling from the U.S. Supreme Court, Governor Ivey today amended the Special Primary Election Calendar to allow additional time for the secretary of state to certify the names of opposed candidates that are to appear on the Special Primary Election ballot. Under the Amended Special Primary Election Calendar, that deadline is now set for Wednesday, June 3, 2026.
Governor Ivey issued the following comment:
“Alabama is committed to the redistricting fight, and as I said yesterday, I fully support Attorney General Marshall’s appeal. I am hopeful the Supreme Court quickly gives Alabama a favorable response so we can move forward with the August 11 Special Primary Election using our 2023 congressional map. We remain in close contact with the Secretary of State’s Office and the Attorney General’s Office as the appeal process plays out and as our elections approach us.” – Governor Kay Ivey
Media Release/Alabama Attorney General Steve Marshalls Office
