Reverend Calvin O. BUTTS, III and Digna Sanchez, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees,
v.
CITY OF NEW YORK, New York City Board of Elections, Election Commissioners Matteo Lumetta, Ferdinand C. Marchi, Rosemary A. Millus, Joseph J. Previte, Martin Richards, James S. Bass, Alice Sachs, Anthony Sadowski, Betty Dolen, Executive Director, Robert S. Black, President, and Orlando Velez, Secretary, Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued September 17, 1985.
Decided December 13, 1985.
Attorney(s) appearing for the Case
Randolph M. Scott-McLaughlin, New York City (Frank E. Deale, Juan Saavedra-Castro, Center for Constitutional Rights, New York City, of counsel), for plaintiffs-appellees.
Thomas C. Crane, New York City (Frederick A.O. Schwarz, Jr., Corp. Counsel of City of New York, New York City, Frederick P. Schaffer, Beth G. Schwartz, Elizabeth J. Logan, of counsel), for defendants-appellants.
Robert Abrams, Atty. Gen. State of N.Y., New York City (Robert Hermann, Sol. Gen., O. Peter Sherwood, Deputy Sol. Gen., Frederick K. Mehlman, Asst. Atty. General-in-Charge, Litigation Bureau, Colvin W. Grannum, Frederic L. Lieberman, James Cole, Asst. Attys. Gen., of counsel), filed a brief for amicus curiae State of N.Y.
Alan Rothstein, New York City, filed a brief for amicus curiae Citizens Union of the City of New York.
Lanie Guinier, Penda D. Hair, Maryann Walsh, New York City, filed a brief for amicus curiae NAACP Legal Defense and Educational Fund, Inc.
Esmeralda Simmons, Emanuel A. Towns, Paul Wooten, Ann C. Northern, Brooklyn, N.Y., filed a brief for amicus curiae Metropolitan Black Bar Association, Inc.
Robert Plautz, New York City, filed a brief for Intervenor Joseph R. Erazo, or in the alternative, amicus curiae.
Before LUMBARD, OAKES and NEWMAN, Circuit Judges.
United States Court of Appeals, Second Circuit.
LUMBARD, Circuit Judge:
The City of New York appeals from a judgment entered by Judge Brieant (S.D.N.Y.) following a bench trial, declaring that New York Election Law § 6-162 violates both the Equal Protection Clause of the fourteenth amendment to the U.S. Constitution, and Section 2 of the Voting Rights Act, 42 U.S.C. § 1973.1 Judge Brieant's order permanently enjoined the City from giving effect to § 6-162, more commonly...
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