Connor v. Finch, Civ. A. No. 3830(A).
Decision Date | 17 January 1977 |
Docket Number | Civ. A. No. 3830(A). |
Citation | 422 F. Supp. 1014 |
Parties | Peggy H. CONNOR et al., Plaintiffs, v. Cliff FINCH et al., Defendants, and United States of America, Plaintiff-Intervenor. |
Court | U.S. District Court — Southern District of Mississippi |
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Frank R. Parker and John L. Maxey, II, Jackson, Miss., for plaintiffs.
Robert E. Hauberg, U. S. Atty., Jackson, Miss., Gerald W. Jones and Michael D. Johnson, U. S. Dept. of Justice, Washington, D. C., for the United States.
A. F. Summer, Atty. Gen., of Mississippi, William A. Allain and Giles W. Bryant, Asst. Attys. Gen., Jackson, Miss., for the defendants.
Before COLEMAN, Circuit Judge, and RUSSELL and COX, District Judges.
Probable Jurisdiction Noted January 17, 1977. See 97 S.Ct. 782.
This is the third, and the last, of a series of decrees reapportioning the Mississippi Legislature.1
The first decree reapportioned the State Senate from multiple member to single member districts, August 24, 1976, 419 F.Supp. 1072 (S.D.Miss., 1976).
The second decree reapportioned the House of Representatives from multiple member to single member districts, September 8, 1976, 419 F.Supp. 1089 (S.D.Miss., 1976).
The private plaintiffs and the Department of Justice have filed objections. To improve upon discrepancies involving contiguity and population, the reapportionment of the House of Representatives is hereby amended in the following respects, and to that extent only:
SPECIAL ELECTIONS
The one remaining substantial issue in this case is whether we should require special elections in any of the newly created legislative districts. The 1975 elections were held pursuant to a temporary plan devised by this Court, from which no party appealed or sought a stay.
On the entire record we have already held that an attempted reapportionment enacted by the Mississippi Legislature in 1975 was not unconstitutional, Connor v. Waller, 396 F.Supp. 1308 (S.D., Miss.), reversed on other grounds, 421 U.S. 656, 95 S.Ct. 2003, 44 L.Ed.2d 486 (1975). The exhaustive analysis of the 1975 legislative act reported at 396 F.Supp., 1308-1341, is made a part of this opinion by reference. Suffice it to say that our 1975 court plan proceeded to tighten the legislatively enacted reapportionment. We remain of the view, then expressed, that the temporary plan comported with all pertinent Constitutional standards.
Consequently, we conclude that the only available thesis for ordering special elections in any of the newly formulated legislative districts would be where required to remedy any impermissible dilution of black voting strength in the temporary plan when compared with the permanent plan established for the 1979 elections.
The subject has its difficulties. See "Minority Challenges to At-Large Elections: The Dilution Problem", 10 Georgia Law Review 353 (1976).
The Fifth Circuit has written copiously in this field, two of its more recent decisions being McGill v. Gadsden County Commission, 5 Cir. 1976, 535 F.2d 277, and Paige v. Gray, 5 Cir. 1976, 538 F.2d 1108. These cases reviewed the jurisprudence, including such cases as East Carroll Parish School Board v. Marshall, 424 U.S. 636, 96 S.Ct. 1083, 47 L.Ed.2d 296 (1976).
From these cases it seems clear that (1) those who assert dilution of black voting strength have the burden of proving it; and (2) the significance of past discrimination in dilution cases lies in how it bears on political participation today.
In any event, the standards established in the Fifth Circuit Zimmer decision Zimmer v. McKeithen, 485 F.2d 1297, reaffirmed in Paige, 538 F.2d at 1111, are:
The electoral process in Mississippi has never known the practice generally described as "slating candidates".
The failure of the plaintiffs to demonstrate any present impact from past discrimination is described at 396 F.Supp. 1325.
Our prior opinion, 396 F.Supp. 1308, 1325, demonstrated the failure of the plaintiffs to show legislative unresponsiveness to the needs of black citizens.
The long established state policy of multimember districts was thoroughly discussed at 396 F.Supp. 1323.
The Attorney General of the United States dispatched numerous federal observers to witness the 1975 elections in Mississippi — first primary, second primary, and general election. At these elections state and local officials are nominated and elected, from constable to governor. We requested a detailed report from the Attorney General as to any observed interference with the right of black citizens to participate in the 1975 elections. Nothing was reported beyond some disputes as to whether an individual was registered to vote in the precinct where he was offering to vote, whether he was registered at all, and such like. We observe that the Department of Justice has initiated no prosecutions for alleged violations of federally guaranteed voting rights in 1975.
Observers were dispatched to Mississippi to observe the 1976 Presidential and Congressional elections. The Attorney General has notified this Court of no interference with the right to vote in 1976. On the other hand, the press has uniformly reported that an unusually heavy turn-out of black voters produced the Presidential victory in Mississippi.
We have no difficulty in holding that at the present day interference with the right of black citizens to cast their ballots is a myth. We reaffirm our prior holding, 396 F.Supp. 1326, "that the Voting Rights Act of 1965 has effectually reduced all such racially discriminatory factors to what honestly may be termed an irreducible minimum".
There is no justification for ordering special elections in any newly created senatorial district. Every such district with a black population majority was part of a...
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Connor v. Winter
... ... Connor v. Coleman, 425 U.S. 675, 96 S.Ct. 1814, 48 L.Ed.2d 295 (1976). The district court thereupon held hearings and adopted a final plan. See Connor v. Finch, 422 F.Supp. 1014 (S.D.Miss.1976); id. 419 F.Supp. 1089; id. 419 F.Supp. 1072 ... On direct appeal, the Supreme Court also invalidated this court-approved plan, finding that it "failed to meet the most elemental requirements of the Equal Protection clause in this area — ... ...
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State of Miss. v. United States
... ... I. Factual and Procedural Background: ... 1. In 1965, private plaintiffs filed a complaint entitled Connor v. Johnson in the Southern District of Mississippi (hereinafter referred to as "the Connor Court") challenging the constitutionality of ... Finch, 419 F.Supp. 1072, 1089 (S.D.Miss.), supplemented in 422 F.Supp. 1014 (S.D.Miss.1976) (hereinafter referred to as the "1976 court-ordered plan") ... ...