P. 1
POFR Lepak DOJ 5th Cir Oral Argument 4828-1078-1709

POFR Lepak DOJ 5th Cir Oral Argument 4828-1078-1709

|Views: 41|Likes:

More info:

Published by: electionlawcentercom on Nov 09, 2011
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

11/09/2011

pdf

text

original

Case: 11-10194

Document: 00511659058

Page: 1

Date Filed: 11/08/2011

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _________________ No. 11-10194 KEITH A. LEPAK, et al., Plaintiffs-Appellants v. CITY OF IRVING, TEXAS, Defendant-Appellee ROBERT MOON, et al., Intervenors _________________ ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS _________________ UNOPPOSED MOTION OF THE UNITED STATES TO PARTICIPATE IN ORAL ARGUMENT AS AMICUS CURIAE IN SUPPORT OF APPELLEE _________________ The United States of America respectfully seeks permission to participate in the oral argument of this case under Federal Rule of Appellate Procedure 29(g). In support of this motion, the United States provides as follows: 1. The United States filed an amicus brief in support of appellee in this appeal on May 23, 2011.

Case: 11-10194

Document: 00511659058

Page: 2

Date Filed: 11/08/2011

-22. This appeal focuses on the appropriate population standard a locality should use when drawing its election districts in compliance with the Equal Protection principles established in Reynolds v. Sims, 377 U.S. 533 (1964). The Attorney General has authority to enforce Sections 2 and 5 of the Voting Rights Act of 1965, 42 U.S.C. 1973 and 1973c. 3. Under Section 5, covered jurisdictions must submit all voting changes, including redistricting plans, to either the Attorney General or the United States District Court for the District of Columbia for review. The Attorney General administers the administrative preclearance process and defends judicial preclearance actions in the federal district court for the District of Columbia. 42 U.S.C. 1973c. 4. Under Section 2, the Attorney General has authority to bring enforcement actions in federal courts nationwide to remedy discriminatory election procedures, including at-large election systems that lead to vote dilution. 42 U.S.C. 1973j(d). 5. In view of the foregoing, the United States has a strong interest in ensuring that localities utilize election systems that comply with both the Voting Rights Act and the Equal Protection Clause, and an interest in ensuring that complete remedies can be obtained for election systems that are found to violate Section 5 or Section 2. The United States also believes that its views on the issue presented in this case may be of some assistance to this Court.

Case: 11-10194

Document: 00511659058

Page: 3

Date Filed: 11/08/2011

-36. The United States previously addressed the issue presented in this case in Garza v. County of Los Angeles, 918 F.2d 763 (9th Cir. 1990), cert. denied, 498 U.S. 1028 (1991), which upheld the United States’ view that a jurisdiction’s use of total population to draw district lines satisfies the one-person, one-vote principle. 7. Counsel for appellant does not object to this motion, and counsel for appellee has agreed to let the United States use 6 minutes of his time during oral argument. Mr. Roscoe Jones, Jr., will argue on behalf of the United States and is admitted to the court. WHEREFORE, the United States respectfully requests leave to participate in oral argument. Respectfully submitted, THOMAS E. PEREZ Assistant Attorney General /s/ Roscoe Jones, Jr. DIANA K. FLYNN ROSCOE JONES, JR. Attorneys U.S. Department of Justice Civil Rights Division Appellate Section Ben Franklin Station P.O. Box 14403 Washington, D.C. 20044-4403 (202) 305-7347

Case: 11-10194

Document: 00511659058

Page: 4

Date Filed: 11/08/2011

CERTIFICATE OF SERVICE I hereby certify that on November 8, 2011, I electronically filed the foregoing UNOPPOSED MOTION OF THE UNITED STATES TO PARTICIAPTE IN ORAL ARGUMENT AS AMICUS CURIAE IN SUPPORT OF APPELLEE with the Clerk of the Court for the United States Court of Appeals for the Fifth Circuit by using the CM/ECF system. I certify that all participants in this case are registered CM/ECF users and that service will be accomplished by the appellate CM/ECF system:

/s/ Roscoe Jones, Jr. ROSCOE JONES, JR. Attorney

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->