holding that even though the challenged apportionment plan would almost certainly be superseded by a new plan before the next election, the case nonetheless presented a live Article III case or controversy because the challenged plan "will serve as the baseline against which [the] next voting plan will be evaluated for the purposes of [§ 5] preclearance”
How later courts described this case
- holding that even though the challenged apportionment plan would almost certainly be superseded by a new plan before the next election, the case nonetheless presented a live Article III case or controversy because the challenged plan "will serve as the baseline against which [the] next voting plan will be evaluated for the purposes of [§ 5] preclearance”
- holding that a claim for declaratory relief regarding electoral redistricting was not moot, despite the election having come and gone, because the existing plan would have probable continuing effect as a baseline for future redistricting plans
- explaining that “our holding today does not extend to violations consisting of an outright ‘denial’ of an individual’s right to vote, as opposed to an ‘abridgment’ as in dilution cases”
- stating that the VRA “bars certain types of voting tests and devices altogether”
Written by the judges who cited it.
Later courts went against this
Questioned by Moore v. Detroit School Reform Board, 293 F.3d 352 (2002)
The plaintiffs argue that the Court's recognition in Bossier Parish II that § 2 is broader than § 5 in the context of vote-dilution cases casts doubt upon the reasoning in Mixon, because plaintiffs who live in jurisdictions subject to § 5's preclearance requirements can bring § 2 but not § 5 challenges to changes in voting systems that have an alleged discriminatory effect, even though no retrogression exists.
The opinion
Justice Thomas,
concurring.
The Bossier Parish School Board first sought preelearance of the redistricting plan at issue in this litigation almost seven years ago. The Justice Department and private appellants opposed that effort, arguing throughout this litigation that a "safe” majority-minority district is necessary to ensure the election of a black school board member. Ironically, while this litigation was pending, three blacks were elected from majority-white districts to serve on the Bossier Parish School Board. Although these election results are not part of the record, they vividly illustrate the fact that the federal intervention that spawned this litigation was unnecessary.