Exclusive: How the Supreme Court's conservatives rebuffed Alabama

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When the Supreme Court considered the challenge to an Alabama congressional map that shortchanged the state’s Black voters, liberal justices expected the conservative majority to side with Alabama – if not gut the 1965 Voting Rights Act altogether.

Instead, the justices emerged from their first closed-door conference meeting on the case in October 2022 without a solid majority for either side, CNN has learned. Ordinarily, this meeting, held without any law clerks or other staff present, results in a clear understanding among the nine justices of which party will prevail in a case. In the Alabama dispute, sources said, it was far from certain which side would win. What happened next defied predictions from inside and outside the court.

Roberts, who had for decades been trying to limit the reach of the Voting Rights Act, favoring greater state control of electoral practices, nonetheless dissented from the majority’s decision to permit the map’s use. He was influenced by the lower court judges’ findings regarding Alabama’s discriminatory redistricting.

 

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