Legal Opinion

Georgia State Conference of the NAACP v. Fayette County Board of Commissioners

District Court, N.D. Georgia

Decided February 18, 2014No. Civil Action No. 3:11-cv-123-TCBPublishedCited by 1 opinion

1Opinion of the Court

ORDER

TIMOTHY C. BATTEN, SR., District Judge.

Judicial redistricting is not ideal. So where legislative action can remedy an unconstitutional or unlawful election plan, redistricting should be left to elected officials. Perry v. Perez, — U.S.-, 132 S.Ct. 934, 941, 181 L.Ed.2d 900 (2012). Yet this rule is not without exception, such as when the timing of an upcoming election makes legislative action impractical. Wise v. Lipscomb, 437 U.S. 535, 540, 98 S.Ct. 2493, 57 L.Ed.2d 411 (1978) (plurality opinion). That is the case here. Under a recently enacted Georgia law, qualification for the 2014…

2Cases cited38 opinions

  1. Bartlett v. StricklandSupreme Court of the United States · 2009
  2. Thornburg v. GinglesSupreme Court of the United States · 1986
  3. Shaw v. RenoSupreme Court of the United States · 1993
  4. Miller v. JohnsonSupreme Court of the United States · 1995
  5. Bush v. VeraSupreme Court of the United States · 1996

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3Cited by1 opinion

  1. Covington v. North CarolinaDistrict Court, M.D. North Carolina · 2018

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