Summary
The en banc Eleventh Circuit vacated and remanded a Section 2 Voting Rights Act challenge to at-large county commission and school board elections in Liberty County, Florida, holding that the plaintiffs proved the three Gingles prerequisites as a matter of law: (1) a sufficiently large and geographically compact minority population, (2) political cohesion among black voters, and (3) white bloc voting that usually defeats the minority's preferred candidates. The court was divided on the legal effect of satisfying those factors, with one concurrence deeming them sufficient for liability and another requiring further consideration of the totality of circumstances, including whether the defendant could rebut with evidence that racial bias does not dominate the community. The case instructs the district court to proceed in accordance with *Thornburg v. Gingles* and the views expressed in the concurring opinions.
Topics
Practice areas
Questions Presented
- Whether the at-large election system violates Section 2 of the Voting Rights Act by diluting minority voting strength.
- Whether the plaintiffs satisfied the three Gingles factors (size and compactness of minority group, political cohesiveness, and white bloc voting).
- What legal effect proving the three Gingles factors has under Section 2.
Holdings
- The appellants have satisfied the three Gingles factors as a matter of law.
Key quotations
“We unanimously vacate the district court's judgment and remand the case for further proceedings in accordance with the Supreme Court's pronouncement in Thornburg v. Gingles, 478 U.S. 30, 106 S.Ct. 2752, 92 L.Ed.2d 25 (1986). We hold, as a matter of law, that the appellants have satisfied the three Gingles factors, see post at 1037 (Tjoflat, C.J., specially concurring), 1017 (Kravitch, J., specially concurring), but we are divided on the legal effect of proving those factors.” (per curiam)
“The first Gingles test requires appellants to show that blacks in Liberty County constitute a group sufficiently large and geographically compact that they would have the potential to elect their own representatives under a single-member district scheme.” (at 1017)
Factual background
Liberty County, Florida, uses an at-large method to elect its five-member county commission and school board. Blacks comprise 11% of the county's population, concentrated in District 1, where they are 51% of the voting age population. No black candidate has ever been elected to countywide office. Plaintiffs sought single-member districts, arguing that the at-large system dilutes black voting strength.
Procedural history
The district court ruled in favor of defendants, finding that black voters exercise more political influence under the current at-large system. A panel of the Eleventh Circuit vacated and remanded, and the court granted rehearing en banc.
Remand instructions
The district court is instructed to proceed in accordance with Gingles, giving due consideration to the views expressed in Chief Judge Tjoflat's and Judge Kravitch's specially concurring opinions.