Almost a year ago, I blogged about a 2-1 decision of the Eleventh Circuit in Thompson v. Glades County Board of County Commissioners. I wrote that the case “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….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.”
Now via How Appealing comes the news that the Eleventh Circuit sitting en banc has issued a brief order, which reads in full: “The judges of the en banc court are equally divided on the proper disposition of this case. Therefore, the judgment of the district court is AFFIRMED by operation of law.”
Next stop is likely the Supreme Court, where the case could well be a grant, vacate and remand in light of whatever it decides in next term’s Bartlett v. Strickland.