Rural West Tennessee African American-Affairs Council (98-6718), Phillip R. Langsdon (98-6778) v. Don Sundquist, Governor of the State of Tennessee

209 F.3d 835, 2000 U.S. App. LEXIS 6662, 2000 WL 378158
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 3, 2000
Docket98-6718, 98-6778
StatusPublished
Cited by28 cases

This text of 209 F.3d 835 (Rural West Tennessee African American-Affairs Council (98-6718), Phillip R. Langsdon (98-6778) v. Don Sundquist, Governor of the State of Tennessee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rural West Tennessee African American-Affairs Council (98-6718), Phillip R. Langsdon (98-6778) v. Don Sundquist, Governor of the State of Tennessee, 209 F.3d 835, 2000 U.S. App. LEXIS 6662, 2000 WL 378158 (6th Cir. 2000).

Opinions

BATCHELDER J., delivered the opinion of the court, in which CLAY, J., joined. NATHANIEL R. JONES, J. (pp. 844-47), issued a separate concurring opinion.

OPINION

BATCHELDER, Circuit Judge.

Don Sundquist, Governor of the State of Tennessee, and other state officials appeal from a district court order finding that a districting plan for the Tennessee House of Representatives unlawfully dilutes African-American voting strength in violation of § 2 of the Voting Rights Act, 42 U.S.C. § 1973, and enjoining further use of that plan. The State further requests a stay of the district court’s order for elections scheduled to begin in August of 2000. For the reasons set forth below, we affirm the order of the district court, and deny the motion for a stay as moot.

I

In April of 1992, the Tennessee General Assembly enacted legislation reapportioning the State’s single-member House of Representatives and Senate districts. Tenn.Code Ann. §§ 3-1-102 & 103 (1992) (repealed 1994). Prior to the 1992 primaries, the Rural West Tennessee African-American Affairs Council (“RWTAAC”) and certain registered voters in Tennessee filed suit charging that both the Senate Plan and the House Plan violated § 2 of the Voting Rights Act and the Thirteenth, Fourteenth, and Fifteenth Amendments to the United States Constitution. Phillip R. Langsdon and other registered voters in Tennessee filed suit challenging the validity of the House Plan on the grounds that it violated § 2 of Voting Rights Act and the “one person, one vote” doctrine of the Fourteenth Amendment; the plaintiffs also challenged the House Plan on other grounds subsequently dismissed.

A three-judge panel of the district court convened and ordered the two cases consolidated. On September 15, 1993, the panel held that the House Plan was unconstitutional because it violated the one person, one vote doctrine of the Equal Protection Clause. RWTAAC v. McWherter, 836 F.Supp. 447, 452 (W.D.Tenn.1993). The court ordered the defendants to prepare and submit a constitutional apportionment plan by January 25, 1994. Id. The State appealed to the United States Supreme Court.

On November 4, 1993, the district court ruled that the Senate Plan violated § 2 of the Voting Rights Act by affording African-American voters in west Tennessee less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. RWTAAC v. McWherter, 836 F.Supp. 453, 466 (W.D.Tenn.1993) (“RWTAAC /”). The State appealed, and the Supreme Court vacated the panel’s order and remanded for further consideration in light of Johnson v. DeGrandy, 512 U.S. 997, 114 S.Ct. 2647, 129 L.Ed.2d 775 (1994). RWTAAC v. McWherter, 512 U.S. 1249, 114 S.Ct. 2776, 129 L.Ed.2d 888 (1994). On remand, the district court reversed its decision in RWTAAC I and held that the Senate Plan conformed to the Voting Rights Act. RWTAAC v. McWhert[838]*838er, 877 F.Supp. 1096, 1098 (W.D.Tenn.1995) (“RWTAAC II”). The plaintiffs appealed.

While the appeals in the Senate and House Plan cases were pending, the Tennessee General Assembly adopted a new House Plan and submitted it to the district court. Tenn.Code Ann. § 3-1-103 (1994). The court found that the new Plan complied with the Equal Protection Clause’s one person, one vote requirement. It delayed consideration of the other challenges to the House Plan until the Supreme Court ruled on the appeals pending in the Senate case.

The Supreme Court affirmed the dismissal of the plaintiffs’ claims as to the Senate Plan on October 4, 1995. RWTAAC v. Sundquist, 516 U.S. 801, 116 S.Ct. 42, 133 L.Ed.2d 9 (1995). RWTAAC then amended its complaint to challenge the House Plan on the sole ground that it violated § 2 of the Voting Rights Act. Because the amended complaint contained no constitutional claims, the three-judge court disbanded itself. After a trial on the merits of the plaintiffs’ consolidated claim of vote dilution, the Honorable Jerome Turner, on November 6, 1998, declared the 1994 House Plan to be violative of the Voting Rights Act and enjoined the defendants from using it in future elections. RWTAAC v. Sundquist, 29 F.Supp.2d 448, 450 (W.D.Tenn.1998). The state defendants bring this timely appeal.

II

“A district court’s factual findings regarding Section 2 violations and the determination of whether vote dilution has occurred are ordinarily reviewed for clear error.” Cousin v. McWherter, 46 F.3d 568, 574 (6th Cir.1995) (citing Fed.R.Civ.P. 52(a) and Thornburg v. Cingles, 478 U.S. 30, 79, 106 S.Ct. 2752, 92 L.Ed.2d 25 (1986)). However, “Rule 52(a) does not inhibit an appellate court’s power to correct errors of law, including those that may infect a so-called mixed finding of law and fact, or a finding of fact that is predicated on a misunderstanding of the governing rule of law.” Cingles, 478 U.S. at 79, 106 S.Ct. 2752 (internal quotation marks omitted).

A

Section 2 of the Voting Rights Act provides:

(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 1973b(f)(2) of this title, as provided in subsection (b) of this section.
(b) A violation of subsection (a) of this section is established if, based on the totality of circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by members of a class of citizens protected by subsection (a) of this section 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. The extent to which members of a protected class have been elected to office in the State or political subdivision is one circumstance which may be considered: Provided, That nothing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion in the population.

42 U.S.C. § 1973.

Before considering whether the House Plan dilutes minority voting strength in rural west Tennessee and thus denies members of the minority group a fair opportunity to elect representatives of their choice, we must determine whether the plaintiffs have met the three preconditions announced by the Supreme Court in Thornburg v.

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209 F.3d 835, 2000 U.S. App. LEXIS 6662, 2000 WL 378158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rural-west-tennessee-african-american-affairs-council-98-6718-phillip-r-ca6-2000.