No. 21-1086October Term 2022Decided Jun 8, 2023
Allen v. Milligan
The Court is considering whether Alabama's challenged congressional map may be used while the Section 2 dispute continues.
Case status
- Current stage
- Decided
- Latest event
- Decision released Jun 8, 2023
- What it's about
Voters challenged Alabama's 2021 congressional redistricting map, arguing that it illegally packed Black voters into a single district and diluted their voting power. The Supreme Court ruled that the map likely violates Section 2 of the Voting Rights Act.
Question presented
Whether the Supreme Court should stay the district court's application of Section 2 of the Voting Rights Act to enjoin Alabama's 2023 districting plan.
- Case path
United States District Court for the Northern District of Alabama / Decision released Jun 8, 2023
- Area
Elections, Civil Rights
Briefing
What it's about
Alabama asked the Supreme Court to pause a district court order blocking its 2023 congressional map under Section 2 of the Voting Rights Act. Voters say the 2021 map packed Black voters into one district and weakened their voting power elsewhere.
Vote
Impact
The case could affect which congressional maps are used in Alabama and how Black voters are represented. For example, voters in areas with large Black populations could have greater or lesser influence in choosing a member of Congress.
What's next
The Court has heard argument. A decision is generally expected by late June or early July of the Court term, unless the Court orders otherwise.
What is at stake in Allen v. Milligan?
The case concerns whether Alabama's congressional map can remain in place despite claims that it diluted Black voting power under Section 2.
Who could be affected by Alabama's redistricting map?
Alabama voters, especially Black voters, could be affected by how congressional district lines shape their ability to elect preferred candidates.
What happens next in Allen v. Milligan?
The Supreme Court will issue its decision. It is generally expected by late June or early July of the Court term.
Decision
What the Court decided
The Court is considering whether Alabama's challenged congressional map may be used while the Section 2 dispute continues.
Impact
Black Alabama voters are affected by the Court’s ruling that the 2021 map likely violates Section 2 (a voting-rights law). For example, Black communities split among districts could seek a district where they form a majority. The ruling leaves in place the district court’s conclusion that the challengers were reasonably likely to succeed. Future Section 2 challenges can use the Gingles framework (a three-part test for voting-rights claims).
Not official Court text.
Vote
- Vote split
- 5-4
- Majority author
- John G. Roberts, Jr.
Majority
- John G. Roberts, Jr.(author)
- Sonia Sotomayor
- Elena Kagan
- Ketanji Brown Jackson
- Brett M. Kavanaugh(concurring, author)
Dissenting
- Clarence Thomas(author)
- Neil Gorsuch
- Amy Coney Barrett
- Samuel A. Alito, Jr.(author)
Opinion documents
Timing
Decided June 8, 2023
The Court released its decision 247 days after oral argument on October 4, 2022. The median for cases argued in October is 139 days.
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 3, 2026
- Method
- Methodology
Primary materials11
Supreme Court docket 21-1086
docket | Sep 5, 2026
Primary case document
Supreme Court document | Sep 5, 2026
CourtListener docket record
docket | Sep 5, 2026
Questions Presented
brief | Mar 12, 2026
opinion
opinion | Jun 8, 2023
Reply
brief | Feb 2, 2022
Lower Court Orders/Opinions
order | Jan 28, 2022
Jurisdictional Statement
brief | Jan 28, 2022
SupremeCourt.gov
official | Sep 5, 2026
SupremeCourt.gov
official | Sep 5, 2026
SupremeCourt.gov
official | Sep 5, 2026