The McClure v. Jefferson County Commission case challenges the Jefferson County Alabama Commission redistricting plan as a racial gerrymander. Every day the commission makes important decisions about our healthcare, housing, and funding for important county resources. LDF and co-counsel are headed to trial on January 13, 2025, to ensure that Jefferson County’s maps are fairly drawn, and every voter is fairly represented in our democracy.
We’ve compiled an FAQ about the McClure v. Jefferson County Commission, racial gerrymandering and why it’s important.
McClure v. Jefferson County Commission is a lawsuit challenging the Jefferson County, Alabama Commission map as a racial gerrymander. Racial gerrymandering is unconstitutional and violates the Equal Protection Clause of the Fourteenth Amendment.
Black voters in Jefferson County argue that the Commission’s 2021 map constitutes a racial gerrymander because the Commission used race to “pack” Black voters into Districts 1 and 2– “super”-majority-minority districts where nearly 65% or more of the population is Black. The Commission did this by removing Black voters from surrounding commission districts. The Commission has “packed” Black voters for decades based on a misunderstanding of the Voting Rights Act.
Over the past 10 years, Jefferson County’s Black population has increased above 40% and more and more Black people have moved into the suburbs of Birmingham. The county’s white population has decreased. Nevertheless, in 2021, the Commission again moved Black voters into two super-majority Black districts and out of surrounding districts. Packing Black voters into these two super-majority districts is unnecessary to comply with the Voting Rights Act.
At stake is a fair map for the residents of Jefferson County.
Racial gerrymandering is a legal claim under the U.S. Constitution that voters have been placed into a voting district based primarily on their race without a legally acceptable reason like compliance with the Voting Rights Act.
In Jefferson County, a map that complies with the Voting Rights Act would not require the supermajority Black districts.
The Jefferson County Commission is the chief legislative body of Jefferson County, Alabama. There are five commissioners. One commissioner is elected from each of the five county commission districts.
The commission makes many important decisions for Jefferson County. The commission allocates money and resources for roads, wastewater management, administer state and federal grant programs that impact housing and community development, access to quality healthcare, and more.
For example, in 2012, the Commission voted 3-2, with the two Black Commissioners opposing, to close inpatient care at Cooper Green Mercy Hospital, a hospital serving low-income, predominately Black residents.
The commission’s unfair map makes it harder for Black people to have a say in the commissioners’ choices about allocating county resources that can better their lives.
Every ten years, after the release of the census results, electoral maps are redrawn during the redistricting process. This includes congressional districts, state legislative districts, and local government districts, like the Jefferson County Commission districts at the center of this case.
Racial gerrymandering is the practice of moving voters primarily based on their race when drawing electoral maps. Without a compelling reason, the movement of voters based solely on race is unconstitutional.
Yes, in certain circumstances, legislators can use race to draw majority-minority districts, protect communities of interest, or otherwise comply with the Voting Rights Act of 1965 (VRA).
For example, compliance with the VRA sometimes requires states, cities, or school boards to draw majority-minority or other districts to protect the political power of Black voters and other voters of color. But that’s not what happened here. The County Commission said it did not consider complying with the VRA when it drew district lines.
Redistricting is a process we should all care about, and it impacts all of us. Electoral maps determine where we vote, who we can vote for, and can impact what issues get addressed by our local, state, and federal representatives. From city hall, to the courthouse and the halls of Congress, redistricting shapes our communities and determines the allocation of political power and representation at every level of government.
The plaintiffs include a Jefferson County resident, and civil rights organizations representing Black Jefferson County residents who live in all five of the challenged Commission districts.
Cara McClure is a Black voter and the founder and executive director of Faith and Works Statewide Civic Engagement Collective. She co-founded Black Lives Matter-Birmingham. Ms. McClure joined this case because she believes that fair redistricting is critical to ensure that Jefferson County’s residents, including its Black residents, are best served by the Commission.
Greater Birmingham Ministries is a multi-faith, multiracial, non-profit membership organization that provides emergency services to people in need and engages people to build a strong, supportive, engaged community and a more just society for all people.
The Alabama NAACP and the Metro-Birmingham Branch of the NAACP are the state and local branches of the NAACP. Together, they seek to ensure political, educational, social, and economic equality for all people and to eliminate race-based discrimination.
This piece explores how three states with discriminatory maps have shirked their responsibilities to their constituents, paving the way for the passage of oppressive legislation.
Understanding the role of race in the redistricting process as a means of ensuring equitable representation and political power is critical.
LDF Report
LDF, MALDEF, and AAJC published a guide to the redistricting process, outlining how communities can get involved and advocate for fair maps.
LDF has closely monitored the redistricting process in key states to ensure that maps are drawn fairly and do not disenfranchise Black voters. This guide provides an overview of LDF’s work during the 2021 redistricting cycle and litigation filed.
We’ve compiled answers to frequently asked questions about the seminal U.S. Supreme Court case Allen v. Milligan and its impact on voting rights and redistricting.
