The Alabama Attorney General’s Office has announced its plans to return to the U.S. Supreme Court for the third time in the ongoing suit over Alabama’s congressional districts. 

The appeal, filed on June 6, asks the Supreme Court to reconsider the May federal court ruling in Allen v. Milligan, in which the Alabama Legislature was found to have intentionally discriminated against Black voters, thus violating the Voting Rights Act and 14th Amendment, through the 2023 state congressional district map approved by the Legislature. The three-judge panel said that the map dilutes Black Alabamians’ voting power.

The Supreme Court has already ruled twice that the map violates the Voting Rights Act.

In response to the Legislature’s failure to create a new map, federal courts created a new congressional map that created one majority-Black voting district and one near-majority-Black voting district. Under this map, Alabama’s District 2 elected Democrat Rep. Shomari Figures—the first Black Alabamian to be elected to Congress outside of District 7 since Reconstruction.

While the state has agreed to stick with this congressional district map, in this suit the state is contesting whether the court should oversee any future issues related to congressional redistricting, a process known as preclearance, through the 2020 census.

“What we’ve always requested with respect to preclearance is that Alabama be put under preclearance for congressional maps through the post-2030 redistricting cycle, and that’s to confirm that there’s no backsliding after 2030 with any new district lines that get drawn,” Deuel Ross, an attorney with the NAACP Legal Defense Fund representing the plaintiffs, told the Alabama Reflector.

Representatives for Alabama have until June 16 to file their brief on their position to the court, and the plaintiffs have until June 23 to file their brief.  

Alabama top stories in brief 

Tennessee Valley Authority proposing $5 billion hydropower project in northeast Alabama

• The Tennessee Valley Authority is proposing a new “pumped storage hydropower” facility, which would be used to store hydropower to produce electricity in times of high need, in the Sand Mountain area of northeast Alabama. 

• TVA, which provides electricity in North Alabama as well as six other southeastern states, is considering spending up to $5 billion on this project and is considering two locations in Jackson County: Rorex Creek near Pisgah or Widows Creek near Fabius. Representatives from TVA have said they prefer the Rorex Creek location.

• While dependent on the design and location of the project, it is likely that some residents of the area will be displaced by the plant.

• At a community meeting at Pisgah High School regarding the project, residents seemed receptive of the project. 

• “To enjoy growth in an area, you sometimes have to make sacrifices,” Lynde Wheeler, a lifelong resident of Sand Mountain who was present at the meeting and is likely to be displaced by the project, told AL.com.

Walker County Sheriff arrested for hiring uncertified officers

• Walker County Sheriff Nick Sims was arrested last Monday for hiring officers without training or certification, including one deputy, four armed school resource officers and one jailer who allegedly lacked state training or certification. 

• At least one officer named in Smith’s indictment has previously had their certification suspended. This officer was suspended in Arizona after pulling a gun on a woman during a traffic stop. This officer was hired in Walker County as a provisional officer, meaning he was not cleared to carry out arrests, but this officer was found to have made three arrests.

• Smith and the Walker County Sheriff’s Department have recently been under scrutiny following the 2023 death of Tony Mitchell, a 33-year-old mentally ill man who died of sepsis and hypothermia after being held in a county jail.

Judge to hear lawsuit over medical cannabis delays

• A judge is set to hear a lawsuit later this June over delays to Alabama’s medical cannabis program. The lawsuit is being pursued by five parents of children who are potentially eligible to receive medical cannabis under the program.

• The parents want the courts to require the Alabama Medical Cannabis Commission to establish a patient registry for medical cannabis, claiming in the suit “they have suffered specific injuries as a result of the Commissioner’s failure to establish the patient and caregiver registry and seek to vindicate their own private rights.”

• The AMCC in a motion to dismiss the lawsuit states that a registry has already been created, but no patients are currently on it because physicians cannot be certified until certain licensing requirements for growers, processors and transporters of medical cannabis are met. 

Former Alabama VA commissioner suing Ivey

• Former Alabama Department of Veterans Affairs Commissioner Kent Davis has filed a lawsuit against Gov. Kay Ivey, claiming that Ivey’s firing of Davis in October was wrongful termination and defamation, as well as violated his free speech and due process rights.

• In September, Ivey accused Davis of mishandling American Rescue Plan Act grants in his role and called for him to step down. However, the Alabama Board of Veterans Affairs said they found no wrongdoing, and asked Kent to stay in his role—prompting Ivey to fire him.

• In March, Ivey signed a law that reduced much of the power of the board and moved it more firmly under the control of the governor’s office. 

• With the lawsuit, Davis is seeking monetary relief from his firing, as well as his retirement benefits. 

Federal judge dismisses lawsuit regarding minority representation on state board

• A federal judge has dismissed a lawsuit from anti-affirmative action group the American Alliance for Equal Rights that challenged a state law that required the Alabama Real Estate Appraisers Board to have at least two racial minority members.

• AAER claimed the 1989 law that required the nine person board to have two racial minority members violated the Equal Protection Clause of the 14th Amendment. 

• The case was dismissed after both parties in the case agreed to end litigation. The judge did not weigh in on the merits of the case.

Alabama carries out third execution of the year

• Alabama executed Gregory Hunt on Tuesday for his role in the 1998 murder of Karen Lane. 

• Hunt was charged with three counts of capital murder alongside aggravating circumstances of burglary and sexual abuse, and was given the death sentence.

• Hunt filed a lawsuit last month claiming he did not sexually assault Lane, arguing the medical examiner in the case presented false and misleading testimony. However, the Alabama Attorney General’s Office said Hunt was prohibited from filing a lawsuit because he had already gone through the appeals process.

• This marks Alabama’s third execution of the year, as well as the second by nitrogen gas for 2025.

Will Boyd announces run for Alabama governor

• Democrat Will Boyd has entered Alabama’s gubernatorial race.

• Boyd has previously run for Congress in 2016, lieutenant governor in 2018 and the U.S. Senate in 2022.

• Boyd has said his top three priority issues as governor would be health care, economic development and community stability.

• A Democratic candidate has not won a statewide election in Alabama since 2008, and there has not been a Democratic governor since 1998.

Supreme Court will hear Alabama appeal regarding executing intellectually disabled man

• Alabama is appealing lower federal court rulings that Joseph Clifton Smith cannot be executed by the state for killing a man in 1997 because he is intellectually disabled.

• The case will set precedent for borderline cases where IQ scores are slightly above 70, which is widely accepted as the benchmark for intellectual disability, as is the case for Smith.

• The case will be heard by the Supreme Court in the fall. 

Alabama Commercial Driver License receives requirement updates

• On Friday, June 13, the Alabama Law Enforcement Agency released a news update detailing two changes “aimed at improving road safety and streamlining certification processes,” according to the new release.

• The first update will require CDL holders to send electronic DOT medical records, and uploads of paper medical cards will no longer be allowed.

• The second update includes “significant revisions” to the CDL skills test, which will include the removal of redundant content, and introducing new basic control skills to be performed.

• These updates are influenced by crash data and national guidelines for CDL holders. The medical card update will be implemented starting June 23, and the skills test will see its new changes implemented starting July 1. 

FBI to consider moving training program to Huntsville

• The Federal Bureau of Investigation is reportedly looking into Huntsville as the new location for a training program currently held in Quantico, Virginia.

• Critics of the move include Virginia Sen. Mark Warner and some FBI personnel, who are concerned over lack of valid reasoning for the move and unsure of the ability to finance a comparable facility to the recently-updated one in Quantico.

• Huntsville has been the site of an FBI explosives training facility since 2016, and Mayor Tommy Battle said the city will “look forward to welcoming more trainees to Huntsville.” 

Announcements:

We’ve made a few changes to the website. All of our previously published Lifestyle articles have been moved to the Alabama Spotlight category. You can view all of those articles here.

Like our work? Then support it!

Want to get early access to columns, unique newsletters and help keep The Sunrise News active? Then support us on Ko-Fi!

Support our work!