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SMITH v. CLINTON

Civ. A. No. LR-C-88-29.

687 F.Supp. 1310 (1988)

Elbert SMITH, Vickie Miles Robertson, Johnny Mae Williams, Maxine Bohannon, Carolyn Stephenson, Ester Cage, Faye Williams, Darrick Handy, Anthony R. Holmes, Carol Holmes, and Maggie Hall, on Behalf of Themselves, and All Others Similarly Situated, Plaintiffs, v. Bill CLINTON, Governor of Arkansas, Bill McCuen, Secretary of State of Arkansas, and Steve Clark, Attorney General of Arkansas, in Their Respective Official Capacities and in Their Official Capacities as Members of the Board of Apportionment of the State of Arkansas; Lilburn W. Carlisle, Chairperson of the Arkansas State Committee of the Democratic Party; Tommye S. Givens, Secretary of the Arkansas State Committee of the Democratic Party; Ed Bethune, Chairperson of the Arkansas State Committee of the Republican Party; and Phyllis Kincannon, Secretary of the Arkansas State Committee of the Republic Party, Defendants.

United States District Court, E.D. Arkansas, W.D.

May 16, 1988.

Attorney(s) appearing for the Case

William L. Robinson, Frank R. Parker, Robert B. McDuff, Samuel Issacharoff, Lawyers' Committee for Civil Rights Under Law, Washington, D.C., Ben Thomas Cole, II, East Arkansas Legal Services, West Memphis, Ark., Reginald Robertson, East Arkansas Legal Services, Helena, Ark., Victor Hill, East Arkansas Legal Services, Blytheville, Ark. (John Walker and Lazar M. Palnick, Little Rock, Ark., of counsel) for plaintiffs.

Frank J. Wills, III, Asst. Atty. Gen., Little Rock, Ark., for Bill Clinton, Bill McCuen and Steve Clark.

Kent J. Rubens, West Memphis, Ark., for Lilburn W. Carlisle, Tommye S. Givens.

Before ARNOLD, Circuit Judge, HARRIS, Senior District Judge, and WOODS, District Judge.

ARNOLD, Circuit Judge.

The issue in this case is whether at-large voting for two seats in the Arkansas House of Representatives from dual-member District 48-49 in Crittenden County denies black voters an equal opportunity to participate in the political process, in violation of section 2 et seq. of the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973 et seq.1

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