Georgia v. Ashcroft

No. (U.S. filed Aug. 1, 2002); No. 01-CV-2111-EGS (D.D.C. June 3, 2002) ; Clearinghouse Number: 54287

Description

Georgia Appeals to Supreme Court Ruling Invalidating Senate Redistricting Plan

Abstract

Appellant State of Georgia has filed its brief with the Supreme Court in this action challenging Georgia’s Senate Redistricting Plan under section 5 of the Voting Rights Act. At two special sessions in 2001, the Georgia General Assembly redrew State House, Senate, and congressional districts in light of the 2000 census. All three plans either maintained or increased the number of majority black districts in the state. Georgia then filed this action seeking preclearance for each of the new redistricting plans. Several African American voters, represented by the Georgia Republican Party, intervened. Following trial, the D.C. Circuit precleared Georgia’s congressional and House plans, but rejected the Senate plan. The court found that Georgia must maintain as safe any district that previously had a supermajority minority population, even if the district was greatly underpopulated and had to be expanded to comply with one-person/one vote requirements. Georgia appealed. In its brief to the Supreme Court, the state argues that section 5 of the Voting Rights Act does not require the drawing of safe minority districts with supermajority minority populations. Appellant asserts that interpreting section 5 to mandate safe, supermajority districts is irreconcilable with the limited procedural purpose of section 5 and is inconsistent with Supreme Court precedent. Appellant also argues that section 5 cannot constitutionally require the drawing of supermajority minority legislative districts in order to create safe seats, rather than seats that afford minorities equal opportunities to win. Finally, appellant argues that private parties should not be allowed to intervene in a section 5 preclearance action and assume the role and authority of the attorney general.

Additional Information

Attorney Information
Docket Date
2002-08-01 00:00:00+00:00