Jeffers v. Clinton

(Eisele # 1)

Filed Dec. 7, 1989.

The majority opinion dealing with Section 2 of the Voting Rights Act was filed herein on December 4, 1989. In that opinion, the majority concluded that the claims of the plaintiffs were not barred by the doctrine of laches. I dissent.1

I agree with Judge Arnold that laches is an equitable defense which means essentially that if there is unreasonable and unjustified delay in the filing of a lawsuit, and this delay causes prejudice, the court of equity may dismiss the complaint. As stated by Judge Arnold:

The greater the delay, or the more unreasonable, the less…