home *** CD-ROM | disk | FTP | other *** search
- Subject: CHISOM v. ROEMER, Syllabus
-
-
-
-
- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court but
- has been prepared by the Reporter of Decisions for the convenience of the
- reader. See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
- SUPREME COURT OF THE UNITED STATES
-
-
- Syllabus
-
-
-
- CHISOM et al. v. ROEMER, GOVERNOR OF
- LOUISIANA, et al.
-
-
- certiorari to the united states court of appeals for the fifth circuit
-
- No. 90-757. Argued April 22, 1991 -- Decided June 20, 1991 {1}
-
- The Louisiana Supreme Court consists of seven members, two of whom are
- elected at-large from one multimember district, with the remainder elected
- from single-member districts. Petitioners in No. 90-757 represent a class
- of black registered voters in Orleans Parish, which is the largest of the
- four parishes in the multimember district and contains about half of the
- district's registered voters. Although more than onehalf of Orleans
- Parish's registered voters are black, over three-fourths of the voters in
- the other three parishes are white. Petitioners filed an action in the
- District Court against respondents, the Governor and state officials,
- alleging that the method of electing justices from their district
- impermissibly dilutes minority voting strength in violation of, inter alia,
- MDRV 2 of the Voting Rights Act of 1965. As amended in 1982, MDRV 2(a)
- prohibits the imposition of a voting qualification or prerequisite or
- standard, practice, or procedure that "results in a denial or abridgement
- of the right . . . to vote on account of race or color," and MDRV 2(b)
- states that the test for determining the legality of such a practice is
- whether, "based on the totality of circumstances," minority voters "have
- less opportunity than other members of the electorate to participate in the
- political process and to elect representatives of their choice." (Emphasis
- added.) The United States, petitioner in No. 90-1032, subsequently
- intervened to support petitioners' claims, and the District Court
- ultimately ruled against petitioners on the merits. However, the Court of
- Appeals finally remanded the case with directions to dismiss the complaint
- in light of its earlier en banc decision in League of United Latin American
- Citizens Council No. 4434 v. Clements, 914 F. 2d 620 (LULAC), that judicial
- elections are not covered under MDRV 2 of the Act as amended. There, the
- court distinguished between claims involving the opportunity to participate
- in the political process and claims involving the opportunity to elect
- representatives of minority voters' choice, holding that MDRV 2 applied to
- judicial elections with respect to claims in the first category, but that
- because judges are not "representatives," the use of that term excludes
- judicial elections from claims in the second category.
-
- Held: Judicial elections are covered by MDRV 2 as amended. Pp. 10-22.
-
- (a) As originally enacted, MDRV 2 was coextensive with the Fifteenth
- Amendment, and it is undisputed that it applied to judicial elections. The
- 1982 amendment expanded MDRV 2's protection by adopting a results test,
- thus eliminating the requirement that proof of discriminatory intent is
- necessary to prove a MDRV 2 violation, and by adding MDRV 2(b), which
- provides guidance about how to apply that test. Had Congress also intended
- to exclude judicial elections, it would have made its intent explicit in
- the statute or identified or mentioned it in the amendment's unusually
- extensive legislative history. Pp. 10-14.
-
- (b) The results test is applicable to all MDRV 2 claims. The statutory
- text and this Court's cases foreclose LULAC's reading of MDRV 2. If the
- word "representatives" placed a limit on MDRV 2's coverage for judicial
- elections, it would exclude all claims involving such elections, for the
- statute requires that all claims must allege an abridgement of the
- opportunity both to participate in the political process and to elect
- representatives of one's choice. Thus, rather than creating two separate
- and distinct rights, the statute identifies two inextricably linked
- elements of a plaintiff's burden of proof. See, e. g., White v. Regester,
- 412 U. S. 755. Pp. 14-16.
-
- (c) The word "representatives" describes the winners of representative,
- popular elections, including elected judges. Although LULAC correctly
- noted that judges need not be elected, when they are, it seems both
- reasonable and realistic to characterize the winners as representatives of
- the districts in which they reside and run. The legislative history
- provides no support for the arguments that the term "representatives"
- includes only legislative and executive officials or that Congress would
- have chosen the word "candidates" had it intended to apply the vote
- dilution prohibition to judicial elections. Pp. 17-20.
-
- (d) Adopting respondents' view of coverage would lead to the anomalous
- result that a State covered by MDRV 5 of the Act would be precluded from
- implementing a new voting procedure having discriminatory effects with
- respect to judicial elections, Clark v. Roemer, 500 U. S. ---, but a
- similarly discriminatory system already in place could not be challenged
- under MDRV 2. P. 20.
-
- (e) That the one-person, one-vote rule is inapplicable to judicial
- elections, Wells v. Edwards, 409 U. S. 1095, does not mean that judicial
- elections are entirely immune from vote dilution claims. Wells rejected a
- constitutional claim and, thus, has no relevance to a correct
- interpretation of this statute, which was enacted to provide additional
- protection for voting rights not adequately protected by the Constitution
- itself. Cf. City of Rome v. United States, 446 U. S. 156, 172-183. Pp.
- 20-21.
-
- 917 F. 2d 187, reversed and remanded.
-
- Stevens, J., delivered the opinion of the Court, in which White, Marshall,
- Blackmun, O'Connor, and Souter, JJ., joined. Scalia, J., filed a
- dissenting opinion, in whch Rehnquist, C. J., and Kennedy, J., joined.
- Kennedy, J., filed a dissenting opinion.
- ------------------------------------------------------------------------------
- 1
- Together with No. 90-1032, United States v. Roemer, Governor of
- Louisiana, et al., also on certiorari to the same court.
-