League of United Latin American Citizens, Council No. 4386 v. Midland Independent School District

812 F.2d 1494, 55 U.S.L.W. 2543
CourtCourt of Appeals for the Fifth Circuit
DecidedMarch 27, 1987
DocketNos. 86-1710, 86-1775
StatusPublished
Cited by3 cases

This text of 812 F.2d 1494 (League of United Latin American Citizens, Council No. 4386 v. Midland Independent School District) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
League of United Latin American Citizens, Council No. 4386 v. Midland Independent School District, 812 F.2d 1494, 55 U.S.L.W. 2543 (5th Cir. 1987).

Opinions

WISDOM, Circuit Judge:

This appeal concerns minority vote dilution.1

Blacks and Mexican-Americans in Midland, Texas, join hands in this class action to prevent their votes being diluted by an at-large system of voting in the election of trustees to the Board of Trustees for the Midland Independent School District (MISD)2 An election system violates § 2 of the Voting Rights Act of 1965, as amended, if members of a protected class have “less opportunity than other members of the electorate to participate in the electoral process and to elect representatives of their class”. 42 U.S.C. § 1973(b). After the suit was filed, the parties agreed to the trial judge’s order eliminating the at-large system. The defendants then submitted a “3-4 Plan”, calling for the election of three members at-large and four from single-member districts. The plaintiffs objected to the 3-4 Plan. The district court found that the 3-4 Plan impermissibly diluted the plaintiffs’ votes and ordered a seven single-member district plan, incorporating two districts the plaintiffs had proposed and allowing the defendants to draw the five remaining single-member districts. The defendants filed a Motion for Clarification and Reconsideration, and suggested a “5-2” Plan calling for three districts: the two single-member districts recommended by the plaintiffs and one district of five members elected at-large by the voters, predominantly Anglo, residing within that district. The trial judge summarily rejected the 5-2 Plan, reconsidered his original opinion, and [1496]*1496again ordered that the MISD be divided into seven single-member districts. The defendants appealed. After oral argument on appeal to this Court, the United States Supreme Court rendered its decision in Thornburg v. Gingles, the first substantive Supreme Court interpretation of § 2 of the Voting Act of 1965 as amended in 1982.3 Because of that decision, we vacated the judgment of the district court and remanded the case for reconsideration. On remand, the parties augmented the record, the district judge reconsidered the case, and in an opinion closely keyed to the record adhered to his original judgment in favor of the 7-0 Plan.

We hold that the district court was not clearly erroneous,4 and made no error of law. While the district court stated in its opinion that the decision was based on both constitutional and statutory grounds, it is clear that, if the plan does not conform to the Voting Rights Act, it must fail.

We therefore affirm basing our opinion solely on the Voting Rights Act.

I. The Background

Based on his study of Texas statutes and the record, the trial judge concluded that Midland County had a long history of discrimination against minorities — both Black and Hispanic. Indeed, in 1975 this Court, after having ordered desegregation of schools in earlier litigation, directed the district court to take necessary steps “immediately ... to completely dismantle the dual system in the elementary grades”.5

The population of Midland County is 113,600. The population of the MISD is 80,685: 12,238 (15.17 percent) Hispanics and 7,002 (8.68 percent) Blacks, for a combined minority population of 19,865 (24.62 percent). The student population of the MISD is 17,753: 4,507 (25.39 percent) Hispanics and 1,896 (10.68 percent) Blacks, for a combined minority student population of 6,403 (36.07 percent).

The district court found that both minorities were the victims of “oppressive discrimination” that has had “lingering effects on the election system”, touching “the rights of Hispanics and Blacks to register, to vote, and to otherwise participate in the election process,” presumably including elections to the School Board. Of the 113,000 persons living in Midland County 79,439 or 69.9 percent are of voting age. Mexican-Americans are 11.9 percent of the county’s voting age population and Blacks make up 7.8 percent. Together, Mexican-Americans and Blacks constitute 19.7 percent of the total voting age population. As of April 1985, there were 49,658 persons (62.5 percent of the population) registered to vote in Midland County. Of the Mexican-American population, 38.1 percent are registered to vote compared with 65.8 percent of the remaining population. Of the 49,658 registered voters in the county, 3,614 or 7.3 percent are Mexican-Americans. There is an unregistered potential of 5,882 Mexican-Americans in the county. Only three persons that were Hispanic or Black have been elected to the Midland School Board. According to the 1980 census, a higher percentage of the minorities fall into a lower socio-economic status than whites. The record supports the district court’s finding that both minorities lag behind whites in the areas of education, median family income, percent below the federal poverty line, housing overcrowding, value of housing, and employment.

II. Gingles

A. The Gingles decision is important in many respects. Of first importance is its recognition of the intent of Congress, through the language and legislative history of the 1982 Amendment to Section 2 of the Voting Rights Act of 1965, that a voting violation rnay be proved “by showing [1497]*1497discriminatory effect alone”.6 This amendment was the response of Congress to the plurality opinion in Mobile v. Bolden which, changing a formidable burden of proof to an intolerable burden,7 had held that the Fifteenth Amendment guarantees the right to register and to vote, but does not protect against dilution; the Fourteenth Amendment protects against dilution only when it can be shown that the diluting mechanism was intended to have a racially discriminatory purpose.8 Gingles, relying on the Voting Rights Act, as amended, established as the “relevant legal standard [for voting dilution] the ‘results test’ applied by White v. Regester, 412 U.S. 755, 93 S.Ct. 2332, 37 L.Ed.2d 314 and by other federal courts before Bolden ”.9

B. Gingles sets forth the criteria to be applied in determining whether there is a violation of § 2 of the Act. The opinion quotes from the Senate Judiciary Committee majority Report the following “typical factors” of the “totality of circumstances” to be considered in applying the results test:

“1. the extent of any history of official discrimination in the state or political subdivision that touched the right of the members of the minority group to register, to vote, or otherwise to participate in the democratic process;
“2. the extent to which voting in the elections of the state or political subdivision is racially polarized;
“3. the extent to which the state or political subdivision has used unusually large election districts, majority vote requirements, anti-single shot provisions, or other voting practices or procedures that may enhance the opportunity for discrimination against the minority group;
“4. if there is a candidate slating process, whether the members of the minori[1498]

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812 F.2d 1494, 55 U.S.L.W. 2543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/league-of-united-latin-american-citizens-council-no-4386-v-midland-ca5-1987.