Legal Defense Fund Sought Dismissal in Allen v. Milligan
The Legal Defense Fund argued that Alabama’s appeal regarding its 2023 congressional map is now moot.
Updated on Sept. 23, 2026 in Law
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The Legal Defense Fund has filed a motion with the Supreme Court to dismiss the ongoing appeal in Allen v. Milligan. The organization contends that the appeal is moot because the contested 2023 congressional map is already in use for the 2026 elections.
Why it matters
The move aims to counter Alabama's effort to reverse a district court ruling that found the state's 2023 map involved intentional discrimination. Legal advocates claim the state's continued pursuit of the appeal serves only to disenfranchise Black voters.
This motion follows a series of legal actions, including an emergency stay application filed by the state in May 2026. The case remains under the jurisdiction of the Supreme Court, which previously stayed the ruling from the Northern District of Alabama in June.
The players
Legal Defense Fund
This is a civil rights legal organization that advocates for racial justice and equality in the United States.
Steve Marshall
He is the Attorney General of Alabama who has actively challenged court rulings regarding the state's congressional maps.
U.S. Supreme Court
This is the highest federal court in the United States, which holds ultimate authority over the appeals process for this case.
The details
Plaintiffs have requested that the Supreme Court affirm the lower court’s finding of racial discrimination if the motion to dismiss is not granted. Should the appeal be dismissed, the case is expected to return to the district court for a retrial in 2027.
Timeline
May 15, 2026: The Supreme Court remanded the case to the district court.
May 16, 2026: Alabama Attorney General Steve Marshall filed an emergency stay application.
June 2026: The Supreme Court stayed the Northern District of Alabama ruling on the map.
September 18, 2026: The Legal Defense Fund filed a motion to dismiss the appeal.
Political Context
This motion represents a continuation of the procedural conflict established by the original litigation in Allen v. Milligan. Opposition voices, including the Alabama Attorney General, maintain that the state's map complies with the law and argue that the lower court overstepped its authority.
The use of the 2023 map for the current election cycle means that voters in Alabama are casting ballots under districts that were previously flagged for intentional discrimination by a lower court. The outcome of this legal battle will ultimately dictate whether the state must redraw these boundaries for future cycles.
The takeaway
The legal battle highlights the ongoing tension between federal judicial oversight and state-level map drawing processes. Voters should monitor court filings closely to see if future election cycles will require new congressional boundaries.
Further reading
For more information on ongoing litigation, visit the Law section.
Source note: This article includes information reported by Alabama Political Reporter.
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