Quinn v. State of Illinois, 041018 FED7, 17-1565

Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
Judge Panel:Before Easterbrook, Kanne, and Sykes, Circuit Judges.
Opinion Judge:EASTERBROOK, CIRCUIT JUDGE.
Party Name:Patrick Quinn, et al., Plaintiffs-Appellants, v. State of Illinois and Board of Education of the City of Chicago, Defendants-Appellees.
Case Date:April 10, 2018
Docket Nº:17-1565
 
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Patrick Quinn, et al., Plaintiffs-Appellants,

v.

State of Illinois and Board of Education of the City of Chicago, Defendants-Appellees.

No. 17-1565

United States Court of Appeals, Seventh Circuit

April 10, 2018

          Argued March 28, 2018

          Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 16 C 9514 - Elaine E. Bucklo, Judge.

          Before Easterbrook, Kanne, and Sykes, Circuit Judges.

          EASTERBROOK, CIRCUIT JUDGE.

         Illinois law provides that the Mayor of Chicago appoints the City's Board of Education. 105 ILCS 5/34-3. Until 1995, when this law took effect, the Mayor needed the consent of the City Council; now the Mayor acts on his own. In this suit under §2 of the Voting Rights Act, 52 U.S.C. §10301, plaintiffs (registered voters, some of whom are parents or grandparents of school-age children) contend that this system deprives black and Latino citizens of their right to vote. School boards elsewhere in Illinois are elected; plaintiffs say that failure to elect the school board in Chicago has a disproportionate effect on minority voters. The district court dismissed the complaint. 234 F.Supp.3d 922 (N.D. Ill. 2017).

         Section 2 provides: (a) No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any State or political subdivision in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, or in contravention of the guarantees set forth in section 10303(f)(2) of this title, as provided in subsection (b).

(b) A violation of subsection (a) is established if, based on the totality of circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by members of a class of citizens protected by subsection (a) in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. The extent to which members of a protected class have been elected to office in the State or political subdivision is one circumstance which may be considered: Provided, That nothing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion in the population. ...

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