National Ass'n for the Advancement of Colored People v. Fordice

252 F.3d 361, 2001 U.S. App. LEXIS 9421
CourtCourt of Appeals for the Fifth Circuit
DecidedMay 17, 2001
DocketNo. 99-60505
StatusPublished
Cited by19 cases

This text of 252 F.3d 361 (National Ass'n for the Advancement of Colored People v. Fordice) 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
National Ass'n for the Advancement of Colored People v. Fordice, 252 F.3d 361, 2001 U.S. App. LEXIS 9421 (5th Cir. 2001).

Opinion

CARL E. STEWART, Circuit Judge:

The issues before us today are whether the district court erred in finding that the Plaintiffs-Appellants met their burden of proof under the first necessary precondition of a Section 2 Voting Rights claim, and whether the district court erred in ultimately denying their claim under its totality of the circumstances inquiry. For the following reasons, we affirm the district court’s decision.

FACTUAL AND PROCEDURAL HISTORY

The Central, Northern, and Southern voting districts into which Mississippi is currently divided were drawn in approximately 1840 to organize the election of supreme court justices. In 1886 and 1930, respectively, the state began to elect its three public service commissioners and three transportation commissioners from these districts as well. Since their inception, the configuration of these districts has remained relatively unchanged.

As they presently exist, each of the three districts has an east to west configuration and consists of white voting age population majorities. Plaintiffs-Appellants, Elijah Wilson and Robert Leflore (‘Wilson”), claim that maintaining the districts with these white voting age population majorities violates Section 2 of the 1965 Voting Rights Act. See 42 U.S.C. § 1973 (2000). Accordingly, Wilson filed suit in the United States District Court for the Southern District of Mississippi against Defendants-Appellees, Kirk Ford-ice, Mike Moore, Dick Molpus, the State of Mississippi State Board of Election Commissioners, and the Mississippi Democratic Party Executive Committee (“Fordice”), charging that the use of these districts to elect public service and transportation commissioners impermissibly dilutes the voting strength of Mississippi’s African-American citizens.

Reasoning that Wilson’s claim was barred by res judicata, the district court granted summary judgment in favor of Fordice. On appeal, this court vacated and remanded. NAACP v. Fordice, No. 95-60293 (5th Cir. Dec.23, 1996). Wilson then sought an order directing reconfiguration of the districts to create a majority African-American voting age population district along the western side of Mississippi. After a bench trial, the district court found that Wilson had failed to prove that the state’s three voting districts, as currently configured, violate Section 2 and dismissed his complaint. Wilson now appeals.

DISCUSSION

I. Standard of Review

We review de novo the legal standards a court applies to determine whether Section 2 has been violated. Perez v. Pasadena Indep. Sch. Dist., 165 F.3d 368, 372 (5th Cir.1999). However, the district court’s findings in any Section 2 vote dilution dispute are determinations “peculiarly dependent upon the facts of each case” that require “an intensely local appraisal of the design and impact of the contested electoral mechanisms.” Thornburg v. Gingles, 478 U.S. 30, 79, 106 S.Ct. [365]*3652752, 92 L.Ed.2d 25 (1986). Therefore, we review the district court’s findings on the Gingles threshold requirements and its ultimate findings on vote dilution for clear error. Perez, 165 F.3d at 372. We thereby “preserve[ ]the benefit of the trial court’s particular familiarity with the indigenous political reality without endangering the rule of law.” Gingles, 478 U.S. at 79,106 S.Ct. 2752.

In Anderson v. City of Bessemer, 470 U.S. 564, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985), the Supreme Court articulated general principles that govern the exercise of an appellate court’s power to overturn factual findings under the clearly erroneous standard. First, “a finding is clearly erroneous when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” Id. at 573, 105 S.Ct. 1504. Appellate courts must, however, carefully heed any such “firm conviction.”

In particular, despite an appellate court’s conviction that it would have weighed the evidence differently had it been sitting as the trier of fact, it may not reverse a district court’s findings when they are based on a plausible account of the evidence considered against the entirety of the record. Id. In other words, when “two permissible views of the evidence exist, the fact finder’s choice between them cannot be clearly erroneous.” Id. Applying the aforementioned principles to findings under the respective Gingles threshold and totality of the circumstances vote dilution inquiries, this court has stated that if a district court uses the correct legal standards, its findings will not be reversed unless its account was implausible based upon the entirety of the record or the reviewing court is left with the “ ‘definite and firm conviction that a mistake has been committed.’ ” Magnolia Bar Ass’n, Inc. v. Lee, 994 F.2d 1143, 1147 (5th Cir.1993)(quoting Anderson, 470 U.S. at 573, 105 S.Ct. 1504).

II. Section 2 Voting Rights Claim

A. Legal Standard

The legal standard governing a voting rights claim is found in Section 2 of the Voting Rights Act of 1965. Section 2 states that:

(a) No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any state or political subdivision in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2), as provided in subsection (b).
(b) A violation of subsection (a) is established if, based on the totality of the circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivisions are not equally open to participation by members of a class of citizens protected by subsection (a) in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.

42 U.S.C. § 1973.

B. Two-Part Analysis

Analysis of a Section 2 claim in this court requires a two-part framework. Magnolia Bar, 994 F.2d at 1146. First, a class of minority voters must satisfy the three threshold preconditions announced in Gingles. Id. Second, the minority voters must offer evidence of the circumstances of the local political landscape. Id. Taken together, the Gingles threshold and “totality of the circumstances” inquiries [366]*366are the means by which courts determine whether a challenged election practice or procedure has resulted in an abridgement or denial of the right to vote based on color or race in violation of Section 2. Id.

III. Gingles Threshold Inquiry

To meet the threshold Gingles

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Petteway v. Galveston County
86 F.4th 214 (Fifth Circuit, 2023)
Joseph Thomas v. Phil Bryant
938 F.3d 134 (Fifth Circuit, 2019)
Lopez v. Abbott
339 F. Supp. 3d 589 (S.D. Texas, 2018)
Kenneth Fairley, Sr. v. Hattiesburg Mississ
662 F. App'x 291 (Fifth Circuit, 2016)
Fairley v. Hattiesburg
122 F. Supp. 3d 553 (S.D. Mississippi, 2015)
Whole Woman's Health v. David Lakey
769 F.3d 285 (Fifth Circuit, 2014)
Abigail Ransom v. M. Patel Enterprises, Inc
734 F.3d 377 (Fifth Circuit, 2013)
DartAmericA, Incorporated v. MEMC Pasadena, Incorp
504 F. App'x 322 (Fifth Circuit, 2012)
Maria Ramirez v. Freddie Records, Inc., et
496 F. App'x 383 (Fifth Circuit, 2012)
Sensley v. Albritton
385 F.3d 591 (Fifth Circuit, 2004)
Great Atlantic & Pacific Tea Co. v. Gillis
78 F. App'x 329 (Fifth Circuit, 2003)
Wilson v. Fordice
252 F.3d 361 (Fifth Circuit, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
252 F.3d 361, 2001 U.S. App. LEXIS 9421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-assn-for-the-advancement-of-colored-people-v-fordice-ca5-2001.