In Important Case that Could End up at the Supreme Court, 11th Circuit, on 2-1 Vote, Orders Trial on Section 2 Vote Dilution Claim from Glades County, Florida

Via How Appealing comes news of this decision in Thomson v. Glades County Board of County Commissioners. I don't have time to delve into this now, but it raises fascinating issues regarding the meaning of majority-minority and influence districts post Georgia v. Ashcroft and Perry (the court does not acknowledge in its opinion that Congress repudiated the Supreme Court's opinion in Ga. v. Ashcroft (at least in the section 5 context) last summer in renewing the VRA), whether and how minority voter turnout should figure in determining if the Gingles' factors are met, and the appropriate standard of review by an appellate court of a district court decision to grant summary judgment in a section 2 case.

The majority also gave this fact (of uncertain legal relevance but certainly fascinating):

The filing of this law suit invited a non-binding special referendum that was held on June 5, 2001. Two questions were presented: (1) "Shall the five members of the Board of Commissioners of Glades County, Florida, be elected to office from single-member districts by the electors residing in each of those districts only?"; and (2) "Shall the five members of the School Board of Glades County, Florida, be elected to office from single-member districts by electors residing in each of those districts only?" A majority of those voting opposed single-member districts. The final tally for the County Commission indicated 825 votes (53.4%) opposed to single-member districts, and 719 votes (46.6%) in favor of changing the election scheme. Of these votes, in precincts with an African American voting
age population of 90% or greater, 52% voted in favor of single-member districts; in precincts with a white voting age population of 90% or greater, 48% voted in favor of single-member districts. With regard to the School Board, the final tally indicated 848 votes (54.9%) opposed to single-member districts, and 698 votes (45.1%) in favor of changing the election scheme. Similarly, in precincts with an African American voting age population of 90% or greater, 52% voted in favor of single-member districts; in precincts with a white voting age population of 90% or greater, 47% voted in favor of single-member districts.

I am not sure what the prospects are for rehearing this case en banc, but I would not be surprised to see this case end up in the Supreme Court., especially given Judge Tjoflat's dissent.

Posted by Rick Hasen at July 24, 2007 04:55 PM