Allen et al v. The City of Evergreen, Alabama et al
Filing
32
Three Judge Panel Order VACATING 24 Partial Consent Agreement and ENJOINING Defendant's as further set out. Signed by Circuit Judge Ed Carnes, District Judge Callie V.S. Granade, and District Judge Kristi K. DuBose on 2/1/2013. (jlr)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERII DIVISION
DAN ALLEN, et al.,
)
)
)
)
Plaintiffs,
vs.
)
THE CITY OF'EVERGREEN,
ALABAMA, et al.,
Defendants.
cryll, ACTTON
NO. 12-0496-CG
)
)
)
)
)
ORDER
Before us is the plaintiffs' Amended Motion for Entry of a Court-Ordered
Redistricting Plan. We are obligated to inquire into our own jurisdiction to decide
the claims presented.
Congress has provided that a three-judge district court "shall be convened"
when: (1) required by an Act of Congress (such
as section 5 of the Voting Rights
Act); or (2) ooan action is filed challenging the constitutionality of the
apportionment of congressional districts or any statewide legislative body." 28
U.S.C. $ 228a@). This case involves a challenge to the apportionment of city
council districts, not congressional districts or a statewide legislative body. A
three-judge court was required only because some of the plaintiffs' claims arise
under section 5 of the Voting Rights
Act.
The plaintiffs' other claims, which
allege violations of section 2 of the Voting Rights Act and the 14th Amendment,
would neither require nor authorize convening a three-judge court.
The issue is whether a three-judge court that has been convened to hear a
plaintiff s section 5 claims also has jurisdiction to hear related claims
even though
the court could not properly have been convened to hear those other claims alone.
28 U.S,C . S 2284 does not address this issue, because it addresses only when a
three-judge court "shall be convened," not what claims it may decide after being
convened.
Nor has the Supreme Court addressed this issue as it pertains to Voting
Rights Act cases. The Court has stated in another context that a three-judge court
cannot consider o'questions not within the statutory purpose for which the two
additional judges fhave] been called." Pub. Serv. Comm'n v. Brashear, 312 U.S.
621,625,61 S.Ct. 784,786-87 (1941). The Brashear decision has not been
overruled, although later decisions have carved out some exceptions to its
limitation on a three-judge court's jurisdiction.t But none of those later decisions
involved the Voting Rights Act.
t
Allee v. Medrano, 416 U.S. 802,812 & n.8, 94 S.Ct. 2191,2198-99 & n.8
(1974) ("While it is argued that a three-judge [d]istrict [c]ourt could not properly be convened if
police harassment under concededly constitutional statutes were the only question presented to it,
it could properly consider the question and grant relief in the exercise ofjurisdiction ancillary to
that conferred by the constitutional attack on the state statutes which plainly required a threejudge court."); Lake Carriers Ass'n v. MacMullan, 406 U.S. 498,504 n.5,92 S.Ct. 1749,1754
oosupremacy
Clause cases are not within the purview of a three
n.5 (1972) (stating that although
judge court," a three-judge court was the proper forum for some of the appellants' claims, and
See. e.s.
2
Recognizing that our jurisdiction as a three-judge court convened to decide
section 5 claims is limited to deciding those claims is consistent with Supreme
Court precedent that has "long held" that "congressional enactments providing for
the convening of three-judge courts must be strictly construed." Allen v. State Bd.
of Elections,393 U.S. 544, 561, 89 S.Ct. 817,829 (L969). The reason for the rule
of strict construction and nalrow confinement of our jurisdiction is that
"[c]onvening a three-judge court places a burden on our federal court system, and
may often result in a delay in a matter needing swift initial adjudication." Id., 89
S.Ct. at 829-30. "Also, a direct appeal may be taken from a three-judge court to
fthe Supreme Court], thus depriving fthe Supreme Court] of the wise and often
crucial adjudications of the courts of appeals." Id. at 561-62,89 S.Ct. at 830.
There is also Supreme Court precedent holding that in deciding a case in
which there are only section 5 issues a three-judge court may not go beyond those
issues to decide whether the plan being challenged has a discriminatory pu{pose or
effect. Perkins v. Matthews,400 U.S. 379, 384-85, 91 S.Ct. 431,435 (1971)
(citing Allen, 393 U.S. at 570,89 S.Ct. at834); see also McCain v. Lybrand,465
u.s. 236,
250 n.17, 104 S.Ct. 1037, 1046 n.17 (1984) ("The only questions in an
therefore "three-judge court jurisdiction exists over all of appellants' claims, including the
Supremacy Clause issues"); United States v. Ga. Pub. Serv. Comm'n, 371 U.S. 285,287-88,83
S.Ct. 397, 399 (1963) (o'Once [a three-judge court has been properly] convened the case can be
disposed of below or here on any ground, whether or not it would have justified the calling of a
three-judge court.").
^
J
action alleging a violation of the $ 5 preclearance requirement are (1) whether a
change is covered by $ 5, (2)
if the change is covered, whether $ 5's approval
requirements have been satisfied, and (3) if the requirements have not been
satisfied, what relief is appropiate."); City of Lockhart v. United States, 460 U.S.
I25,129 n.3, 103 S.Ct. 998, 1001 n.3 (1983) ("In granting the injunction [against
using a new election procedure that had not been precleared under section 5], . . .
[a]11 [the three-judge
district court] could do was determine (i) whether a change
was covered by $ 5, (ii) if the change was covered, whether $ 5's approval
requirements were satisfied, and (iii) if the requirements were not satisfied, what
remedy was appropriate.").
At the hearing on this matter conducted on January 28,2013, the parties
agreed that only the section 5 claims are properly before this three-judge court.
For all of these reasons, we conclude that as a three-judge court we have
jurisdiction to decide only if the City's 2012 Plan and the City's new procedure for
determining which individuals are eligible to vote in the city council election are
subject to the section 5 preclearance requirement, whether they have been
precleared, and if they are and have not been, what remedy is appropriate.
Plaintiffs' other claims must be decided by a single judge.
The present motion asks us to go beyond our limited jurisdiction and
approve a redistricting plan for the special election scheduled for February 26,
2013. Approving such a plan is outside the power of a three-judge court that has
jurisdiction to decide only section 5 claims. See United States v. Bd. of Sup'vs.,
429 U.S.
642,64647 97 S.Ct 833,
. . . exceeded the permissible scope
premise that
835 (1977) (per curiam) ("The fd]istrict [c]ourr
ofits
.. . titl could have instituted
$ 5 inquiry
lbyl . . . proceed[ing] on the
its own plan. . . . [I]t should have
determined onl)' whether fthe county] could be enjoined from holding elections
under a new redistricting plan because such plan had not been cleared under $ 5.")
(emphasis added and quotation marks omitted).
Accordingly, we will refer the plaintiffs' motion for approval of their
proposed redistricting plan to the single-judge court with jurisdiction over the non-
section 5 claims in this case.
We have considered the parties' consent agreements and positions at the
January 28,2013 hearing, and make the following findings:
1.
The City of Evergreen, Alabama is a covered jurisdiction within
the meaning of Section 5 of the Voting Rights Act
of
1965, as
amended,42, U.S.C. $ 1973(c).
2.
The May 15,2012 redistricting plan and the revised system for
determining what persons are eligible to vote in municipal
elections constitute voting changes within the meaning of Section
5.
These voting changes are not legally enforceable unless they
receive the requisite preclearance under Section 5 of the Voting
Rights
Act.
See Clark v. Roemer, 500 U.S. 646 (1991); 28 C.F.R.
$5 1.10.
3.
These voting changes have not received preclearance from the
United States District Court for the District of Columbia or the
United States Attorney General, as required under Section 5 of the
Voting Rights Act.
4.
Irreparable harm would be caused by Defendants' continued
administration and implementation of the unprecleared voting
chanses.
5.
An appropriate remedy is the enjoining of these voting changes
unless and until compliance with Section 5 has occurred.
Because portions of the consent decree injunctions (Doc. 8 as amended by
Doc. 24) entered by a single-judge court in this case were beyond its jurisdiction
under 28 U.S.C. 52284(b)(3), the portions of the consent decree injunctions which
enjoined the use of the May 15,2012 redistricting plan and the use of the list
of
voters and Problem Voters is hereby VACATED, and it is ORDERED that:
1.
Defendants, their agents, their successors in office, and all persons
acting in concert with them, are ENJOINED from using the
redistricting plan adopted by the City on May 15,2012, unless either
the Attorney General or the United States District Court for the
District of Columbia preclears the redistricting plan; and
2.
Defendants, their agents, their successors in office, and all persons
acting in concert with them, are ENJOINED from using any new
procedures to determine voter eligibility unless and until they obtain
Section 5 preclearance of those new procedures, and they are further
ENJOINED from using any list of voters or problem voters that was
prepared for use in the August 28,2012 municipal election unless and
until they obtain Section
5 preclearance
of the procedures used to
prepare those lists.
DONE and ORDERED this lst day of February, 2013.
7
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?