Backus v. South Carolina

857 F. Supp. 2d 553, 2012 WL 786333, 2012 U.S. Dist. LEXIS 31683
CourtDistrict Court, D. South Carolina
DecidedMarch 9, 2012
DocketCase No. 3:11-cv-03120-HFF-MBS-PMD
StatusPublished
Cited by18 cases

This text of 857 F. Supp. 2d 553 (Backus v. South Carolina) is published on Counsel Stack Legal Research, covering District Court, D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Backus v. South Carolina, 857 F. Supp. 2d 553, 2012 WL 786333, 2012 U.S. Dist. LEXIS 31683 (D.S.C. 2012).

Opinion

Judge Duffy wrote the opinion, in which Judge Floyd and Chief Judge Seymour concurred.

Order

PATRICK MICHAEL DUFFY, Senior District Judge.

This matter was tried without a jury beginning on March 1, 2012. The Court— having heard the arguments, read the submissions of counsel, and considered the evidence, including courtroom testimony, deposition testimony, affidavit testimony, and exhibits — enters judgment for Defendants based on the following findings of fact and conclusions of law.

INTRODUCTION

I. Factual Context

Ten years ago, this Court was forced to take on the “unweleomed obligation” of devising redistricting plans in the face of an impasse arising from the veto of plans passed by the legislature in 2001. Colleton Cnty. Council v. McConnell, 201 F.Supp.2d 618, 623 (D.S.C.2002). In 2003, the General Assembly enacted legislation that modified the Court’s plan for the House and Senate. These enacted plans and the Colleton County plan for Congress were used through the 2010 elections and serve as the Benchmark plan for this current litigation. Between the 2000 and 2010 censuses South Carolina experienced significant population growth — the state’s total population grew from 4,012,012 to 4,625,364. As a result of this population growth, South Carolina’s House and Senate districts became malapportioned and needed to be redrawn. Additionally, South Carolina gained a Congressional seat, necessitating the drawing of new Congressional election districts. The South Carolina General Assembly enacted Act 72 of 2011 (“House plan”) and Act 75 of 2011 (“Congressional plan”) to replace South Carolina’s prior districts.1 After these plans were enacted by the legislature and signed into law by Governor Haley, the House and the Senate submitted the plans to the United States Department of Justice for administrative preclearance pursuant to section 5 of the Voting Rights Act, 42 U.S.C. § 1973c. The Department of Justice granted preclearance to the plans, at which point the plans became effective. The requirement of administrative preclearance from the Department of Justice is limited to certain jurisdictions, such as South Carolina, that have a history of racial discrimination and is limited to a review of whether the Attorney General interposes any objection under section 5. While preclearance is a necessary and important step for those jurisdictions covered under section 5, it is limited in scope to [558]*558administrative approval that the particular redistricting plan is not retrogressive under section 5 of the Voting Rights Act.

II. Procedural History

On November 11, 2011, Plaintiffs Vandroth Backus, Willie Harrison Brown, Charlesann Buttone, Booker Manigault, Roosevelt Wallace, and William G. Wilder (“Plaintiffs”) initiated this declaratory-judgment action. Plaintiffs filed an amended complaint on November 23, 2011, seeking declaratory and injunctive relief under section 2 of the Voting Rights Act of 1965, 42 U.S.C. § 1973, 42 U.S.C. § 1983, Article I, section 2 of the United States Constitution, and the Fourteenth and Fifteenth Amendments to the United States Constitution. Edward McKnight and Moses Mims were added as Plaintiffs in the amended complaint.

Defendants filed various motions to dismiss and the Court held a hearing on those motions on January 19, 2012. At the hearing, the Court granted several of the motions, but denied the motions to dismiss for failure to state a claim. However, the Court ordered Plaintiffs to submit a clarification of claims, identify the districts at issue, and submit alternative redistricting plans. Plaintiffs filed those clarifications on January 26, 2012. With the consent of Defendants, Plaintiffs filed their second amended complaint on February 15, 2012.

After discovery and various pre-trial motions, the Court held a trial in Columbia on March 1-2, 2012. Pursuant to the Court’s order and agreement of the parties, the trial was abbreviated by the use of affidavits and deposition testimony.

III. Plaintiffs’ Allegations

First, Plaintiffs allege, as to both the House and Congressional plans, a Fourteenth Amendment racial gerrymandering claim, as provided in Miller v. Johnson, 515 U.S. 900, 115 S.Ct. 2475, 132 L.Ed.2d 762 (1995). Second, Plaintiffs assert a violation of section 2 of the Voting Rights Act as to both the House and Congressional plans. Third, although it is not abundantly clear, Plaintiffs seem to assert a vote-dilution claim under the Fourteenth Amendment. Finally, Plaintiffs assert that the plans violate the Fifteenth Amendment.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I. Jurisdiction

This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1343(a)(4), and 2201(a), and the suit is authorized under 42 U.S.C. § 1983. The three-judge panel has been properly appointed by the Chief Judge of the Fourth Circuit Court of Appeals pursuant to 28 U.S.C. § 2284.

II. Overview of Fourteenth Amendment racial gerrymandering claim

Plaintiffs assert that the House plan and the Congressional plan violate the Equal Protection Clause of the Fourteenth Amendment. There are two types of equal protection claims that challenge the use of race in reapportionment: racial gerrymandering claims and vote-dilution claims. These claims are “analytically distinct.” Miller, 515 U.S. at 911, 115 S.Ct. 2475 (internal quotation marks omitted). The Court turns first to Plaintiffs’ racial gerrymandering claim under the Fourteenth Amendment.

The essence of a racial gerrymandering claim is that states may not use race as the predominant factor in separating voters into districts. Id. at 916, 115 S.Ct. 2475. Laws that classify citizens based on race are constitutionally suspect [559]*559and therefore subject to strict scrutiny, and racially gerrymandered districting schemes are no different, even when adopted for benign purposes. Shaw v. Hunt (Shaw II), 517 U.S. 899, 904-05, 116 S.Ct. 1894, 135 L.Ed.2d 207 (1996). This does not mean that race cannot play a role in redistricting. Miller, 515 U.S. at 916, 115 S.Ct. 2475. Legislatures are almost always cognizant of race when drawing district lines, and simply being aware of race poses no constitutional violation. See Shaw II, 517 U.S. at 905, 116 S.Ct. 1894. Race may be a factor in redistricting decisions, but not the predominant factor. See Easley v. Cromartie, 532 U.S. 234, 241, 121 S.Ct. 1452, 149 L.Ed.2d 430 (2001).

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Bluebook (online)
857 F. Supp. 2d 553, 2012 WL 786333, 2012 U.S. Dist. LEXIS 31683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/backus-v-south-carolina-scd-2012.