United States v. Uvalde Consolidated Independent School District

625 F.2d 547
CourtCourt of Appeals for the Fifth Circuit
DecidedOctober 9, 1980
Docket79-1498
StatusPublished
Cited by66 cases

This text of 625 F.2d 547 (United States v. Uvalde Consolidated 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
United States v. Uvalde Consolidated Independent School District, 625 F.2d 547 (5th Cir. 1980).

Opinions

ALVIN B. RUBIN, Circuit Judge:

A complaint by the Attorney General, in the name of the United States, brought under the Voting Rights Act of 1965, as amended, 42 U.S.C. §§ 1971, 1973 to 1973bb-l, alleges that an at-large system of electing representatives to a local school board in Texas “has been implemented with the intent and purpose of causing . irreparable injury to Mexican-American voters ... by effectively and pur[549]*549posefully precluding them from meaningful access to the political process . . . .” The district court dismissed the suit for failure to state a claim upon which relief could be granted Fed.R.Civ.P. 12(b)(6). Because we find that the complaint made allegations which, if proved, would be sufficient to warrant relief, we reverse and remand for further proceedings.

I.

The case reaches us on the unsupported but not yet disproved allegations of the complaint. This initial pleading, which is required only to give notice of the claim, must be construed liberally so as to do substantial justice. Fed.R.Civ.P. 8(e). A complaint is not to be dismissed under Rule 12(b)(6) unless it appears to a certainty that no relief can be granted under any set of facts that can be proved in support of its allegations.1

The complaint alleges that:

the seven member Board of Trustees of the Uvalde Consolidated Independent School District is elected at-large;
approximately fifty percent of the population of the school district is Mexican-American, but Mexican-American voters’ residences are concentrated in one part of the City of Uvalde;
only one Mexican-American has ever been elected to the Board of Trustees and currently no Mexican-Americans serve on the board;2
voting is normally along racial lines;
the Board has discriminated against Mexican-Americans in the past by operating intentionally segregated elementary schools and is unresponsive to the needs of the Mexican-American community;
as a result of the school district’s election system, Mexican-Americans have less opportunity than “whites” to participate in the political process and to elect candidates of their choice to the Board;
the at-large system of electing the Board has been implemented with the purpose of causing, and is causing, irreparable injury to Mexican-American voters by denying them, in effect, meaningful access to the political process and by frustrating their right to a full, undiluted vote.

Relying on these allegations, the Attorney General sought a judgment declaring that the at-large election system violated section 2 of the Voting Rights Act of 1965, 42 U.S.C. § 1973, and enjoining the use of that system.

Acknowledging that at-large systems of selecting voters may violate the fourteenth amendment, see White v. Regester, 412 U.S. 755, 93 S.Ct. 2332, 37 L.Ed.2d 314 (1973); Whitcomb v. Chavis, 403 U.S. 124, 91 S.Ct. 1858, 29 L.Ed.2d 363 (1971), and, that if the complaint had been filed by an aggrieved voter, the allegations might state a fourteenth amendment claim, the district court nevertheless held that section 2 of the Voting Rights Act does not itself prohibit the maintenance of an at-large method of election for school board members,3 and, there[550]*550fore, that the Attorney General had no basis for the suit. Before this court the school district contends that the district court’s , conclusion should be affirmed both because section 2 does not reach at-large districting schemes and because a school board is not a “State or political subdivision” covered by section 2. We address each argument in the light of Supreme Court and Fifth Circuit interpretations of the Voting Rights Act. In doing so, we do not repeat the discussion of its history and purposes set forth in many prior decisions. See, e. g., United States v. Board of Commissioners of Sheffield, Ala., 435 U.S. 110, 98 S.Ct. 965, 55 L.Ed.2d 148 (1978); Allen v. State Board of Elections, 393 U.S. 544, 89 S.Ct. 817, 22 L.Ed.2d 1 (1969). However, we point out that the single statute contains a number of different provisions each with a different objective, that for its comprehension critical examination of each section is essential and that the reader cannot, therefore, assume that each of the sections is designed to reach the same objective or is necessarily to be read in the same manner.4

II.

Section 2 of the Voting Rights Act, 42 U.S.C. § 1973, which was amended in 1975 to include the words italicized below, provides:

No voting qualification or prerequisite to voting, or standard, practice, or procedure shall be imposed or applied by any State or political subdivision to deny or abridge 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) [42 U.S.C. § 1973b(f)(2)].

The guarantees of section 1973b(f)(2) [section 4(f)(2) of the amended Act] assure against any denial or abridgment of the right to vote because the voter is a member of a language minority group.5 The Attorney General is authorized to sue to prevent violations of section 2.6

[551]*551The statute applies to any “standard, practice, or procedure” that “den[ies] or abridges]” the right of language minority groups to vote. Section 5 of the Act, 42 U.S.C. § 1973c, which prohibits certain jurisdictions from enacting any new “standard, practice or procedure with respect to voting” unless advance clearance is obtained, has been held to include changes from multiple single district to at-large election systems. See Allen v. State Board of Elections, 393 U.S. 544, 89 S.Ct. 817, 22 L.Ed.2d 1 (1969). However, section 5 is more broadly remedial than section 2 and reaches all changes in voting laws and not simply voting practices that deny or abridge the right to vote. Thus, some members of the Supreme Court have reasoned that the broad interpretation given to section 5 may not justify a similarly broad reach for section 2.

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625 F.2d 547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-uvalde-consolidated-independent-school-district-ca5-1980.