Tuesday, February 8, 2022
Yesterday, the Supreme Court issued a decision in Merrill v. Milligan and Merrill v. Caster. By a 5-4 vote, the Court stayed the three-judge district court’s order, which had found that Alabama’s redistricting plan violated Section 2 of the Voting Rights Act and must be revised for the 2022 election. The Supreme Court noted probable jurisdiction in Merrill and granted certiorari before judgment in Caster, setting up both cases to be argued on the merits but allowing the challenged redistricting plan to be used in the 2022 election.
Justice Kavanaugh, joined by Justice Alito, wrote an opinion concurring in the stay grant.
Chief Justice Roberts and Justice Kagan (the latter joined by Justices Breyer and Sotomayor) each wrote opinions dissenting from the stay grant.