Mississippi Republican Executive Committee v. Brooks Brooks v. Allain Allain v. Brooks

Decision Date13 November 1984
Docket NumberNo. 83-2053,No. 83-1865,No. 83-1722,83-1722,83-1865,83-2053
Citation469 U.S. 1002,83 L.Ed.2d 343,105 S.Ct. 416
PartiesMISSISSIPPI REPUBLICAN EXECUTIVE COMMITTEE v. Owen H. BROOKS et al Owen H. BROOKS et al. v. William A. ALLAIN, Governor of Mississippi, et al William A. ALLAIN et al. v. Owen H. BROOKS et al
CourtU.S. Supreme Court

The judgment is affirmed.

Justice STEVENS, concurring.

Although I agree that a summary affirmance of the judgment of the District Court is entirely appropriate in these cases, what has been written in dissent prompts me to make two important points.

First, there is little, if any, resemblance between the argument advanced in the dissenting opinion and the specific questions presented in the parties' jurisdictional statements. This Court has determined that summary affirmances "reject the specific challenges presented in the statement of jurisdiction." Mandel v. Bradley, 432 U.S. 173, 176, 97 S.Ct. 2238, 2240, 53 L.Ed.2d 199 (1977). The only questions presented in the jurisdictional statement that the Mississippi Republican Executive Committee filed in case No. 83-1722 read as follows:

"1. Whether Section 5 and Section 2 as amended apply to redistricting decisions.

"2. Whether the amendment to Section 2 or any other portion of the Voting Rights Amendments of 1982 has any bearing upon litigation under Section 5.

"3. Whether Section 2 as amended prohibits only those electoral schemes intentionally designed or maintained to discriminate on the basis of race.

"4. Whether Section 2, if construed to prohibit anything other than intentional discrimination on the basis of race in registration and voting, exceeds the power vested in Congress by the Fifteenth Amendment." Juris. Statement in No. 83-1722, p. i.1

Second, the dissent does not fairly characterize the opinion of the District Court. That opinion does not "in effect" construe the recent amendment to § 2 of the Voting Rights Act of 1965, 96 Stat. 134, 42 U.S.C. § 1973, as entitling "minority plaintiffs, in a State where there exist present effects from past discrimination, to have a state redistricting plan invalidated if it has failed to provide at least one district in which the 'minority' is a majority of the eligible voters." Post, at 1005. The dissent buttresses this incorrect impression by attributing the following statement to the District Court:

"The District Court felt it was obligated, under the 1982 amendments to the Voting Rights Act, to redraw the district map so that the redefined Second District would have a 'clear black voting age population majority of 52.83 percent.' " Post, at 1008.

What the District Court actually said was this:

"In the opinion of this court, after considering the totality of the circumstances, the creation of a Second District with a clear black voting age population majority of 52.83% is sufficient to overcome the effects of past discrimination and racial bloc voting and will provide a fair and equal contest to all voters who may participate in congressional elections." App. to Motion to Dismiss or Affirm in No. 83-1722, p. 14a.

The District Court's conclusion that its remedy was required was not based on any notion that the law gives every minority group an entitlement to some form of proportional representation. Its conclusion was quite the contrary. It rested on specific findings of fact describing the impairment—or "dilution" if you will—of the voting strength of the black minority in Mississippi. Those factual findings reveal that Mississippi has a long history of de jure and de facto race discrimination,2 that racial bloc voting is common in Mississippi, and that political processes have not been equally open to blacks.3

Because I find no merit in any of the specific challenges presented in the parties' jurisdictional statements,4 and because the record supports the District Court's findings of fact, as the dissent notes, post, at 423, I join the Court's summary affirmance.

Justice REHNQUIST, with whom THE CHIEF JUSTICE joins, dissenting.

The District Court's ruling in these cases presents important questions concerning the construction of the recent amendment to § 2 of the Voting Rights Act of 1965, 96 Stat. 134, 42 U.S.C. § 1973. The District Court in effect has construed the amendment to entitle minority plaintiffs, in a State where there exist present effects from past discrimination, to have a state redistricting plan invalidated if it fails to provide at least one district in which the "minority" is a majority of the eligible voters. This is so even though the challenged redistricting plan is constitutional, is not the product of discriminatory intent, and indeed was intended by the court which adopted it to "deal fairly with [the State's] black citizens by avoiding any scheme that has the purpose or effect of unnecessarily minimizing or fragmenting black voting strength."

In 1982, the District Court in these cases adopted a redistricting plan for Mississippi's congressional districts in order to remedy district population disparities, revealed by the 1980 census, of up to 17%. In choosing from among several plans offered by the litigants, it sought a plan that would "satisfy the one person, one vote rule and avoid any dilution of minority voting strength." Jordan v. Winter, 541 F.Supp. 1135, 1142 (ND Miss.1982) (Jordan I ). The court further observed that "[w]hat is required is that the state deal fairly with its black citizens by avoiding any scheme that has the purpose or effect of unnecessarily minimizing or fragmenting black voting strength." Id., at 1143. The court chose the so-called "Simpson" plan because it satisfied most of the State's policy considerations in districting, created two districts with 40% or better black population, and included a district where nearly 54% of the population was black.

On appeal to this Court, the judgment of the District Court was vacated and the case remanded for reconsideration in the light of the 1982 amendments to the Voting Rights Act. Brooks v. Winter, 461 U.S. 921, 103 S.Ct. 2077, 77 L.Ed.2d 291 (1983). On remand, the District Court found that the very plan which it had approved and adopted in 1982 was unlawful under the amended § 2 of the Voting Rights Act because "the structure of the Second Congressional District in particular unlawfully diluted black voting strength." Jordan v. Winter, No. GC82-80-WK-0 (ND Miss., Apr. 16, 1984) (Jordan II ). I think the rather remarkable conclusion that the 1982 amendments to the Voting Rights Act made unlawful a plan adopted by the District Court, which plan the District Court had adopted with a view to the requirement that "the state deal fairly with its black citizens by avoiding any scheme that has the purpose or effect of unnecessarily minimizing or fragmenting black voting strength," 541 F.Supp., at 1143, should receive plenary review by this Court.

After being presented with the census data revealing the previously mentioned population disparities between existing congressional districts, the Mississippi Legislature in 1981 enacted a new redistricting plan. The Attorney General of the United States refused preclearance, however, and the legislature adjourned without enacting a new plan. A three-judge District Court was convened to hear actions filed by two groups of Mississippi voters seeking a court-ordered interim plan for the 1982 congressional elections. That court refused to place in effect the legislative plan which had not been precleared, and held the existing districting statute unconstitutional because of the population disparities. It then adopted the "Simpson" plan from among several plans submitted to it by the litigants. Jordan I, supra.

In choosing the "Simpson" plan, the court followed the teaching of Upham v. Seamon, 456 U.S. 37, 102 S.Ct. 1518, 71 L.Ed.2d 725 (1982), which requires courts to fashion interim plans that adhere to a State's political policies. The court identified Mississippi's political districting policies as follows: (1) minimal change from 1972 district lines; (2) least possible population deviation; (3) preservation of the electoral base of incumbent congressmen; and (4) establishment of two districts with 40% or better black population. The court specifically rejected two plans proposed by a group of black plaintiffs. These plans would have kept the predominantly black northwest or "Delta" portion of Mississippi intact, and would have combined that area with predominantly black portions of Hinds County and the city of Jackson. Each of these plans would have resulted in one congressional district with a black population of approximately 65%. The "Simpson" plan, on the other hand, combined 15 Delta or partially Delta counties with six predominantly white eastern rural counties, and resulted in a congressional district with a 53% black population, but a 48% black voting population. The District Court found the "Simpson" plan most nearly in accord with the State's policies articulated above. The rejected plans would have resulted in only one district with greater than 40% black population; this was contrary to the reasonable state policy established to assure that blacks would have an effective voice in choosing representatives in more than one district. In addition, the court noted that the black plaintiffs had managed to place a high percentage of black voters in a single congressional district only through obvious and unseemly racial gerrymanders.

When this Court subsequently vacated the District Court's judgment for reconsideration in the light of the 1982 amendment the District Court held further evidentiary hearings, and concluded that its own plan violated the amended section. This violation occurred, in the opinion of the District Court, because "the structure of the Second Congressional District in particular unlawfully diluted black voting strength." Under the plan adopted by the District Court in 1982, the Second District had a ...

To continue reading

Request your trial
51 cases
  • Ala. State Conference of the Nat'l Ass'n v. Alabama, No. 17-14443
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 3 Febrero 2020
    ......Rosenberg, Dorian L. Spence, Lawyers' Committee for Civil Rights Under Law, Washington, DC, ... Congress to intrude "into the judicial, executive, and legislative spheres of autonomy previously ... Voting Rights Act in 1975." Morse v Republican Party of Va. , 517 U.S. 186, 233, 116 S.Ct. ... See Miss. Republican Exec. Comm. v. Brooks , 469 U.S. 1002, 105 S.Ct. 416, 83 L.Ed.2d 343 ......
  • Andrews v. Collins
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 13 Mayo 1994
  • Brnovich v. Democratic Nat'l Comm.
    • United States
    • United States Supreme Court
    • 1 Julio 2021
    ......DEMOCRATIC NATIONAL COMMITTEE, et al.; Arizona Republican Party, et al., ... met stiff resistance in the Senate." Mississippi Republican Executive Committee v. Brooks , 469 ......
  • Rogers v. Lynaugh
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 30 Junio 1988
    ...... at 679; Willie, 737 F.2d at 1390; accord Brooks v. Kemp, 762 F.2d 1383, 1402, 1413 (11th ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT