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IRBY v. VIRGINIA STATE BD. OF ELECTIONS

No. 88-2919.

889 F.2d 1352 (1989)

Darius IRBY; John S. Neal; Charles W. White; James Samuel Williams, Jr.; Cora Lee Tucker; Willie Powell; Milton Richardson; the Virginia Unit of the Southern Christian Leadership Conference; Citizens for a Better America, Plaintiffs-Appellants, v. VIRGINIA STATE BOARD OF ELECTIONS; et al., Defendants-Appellees, and Robert P. Lawler, in his official capacity as a member of the Board of Supervisors of Halifax County, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided November 24, 1989.

Rehearing and Rehearing Denied January 9, 1990.

Attorney(s) appearing for the Case

Neil Bradley (Kathleen L. Wilde, Laughlin McDonald, Derek Alphran, Atlanta, Ga., ACLU Foundation, Inc., Susan L. Quig-Terry, ACLU, Gerald T. Zerkin, Gerald T. Zerkin & Associates, Richmond, Va., on brief), for plaintiffs-appellants.

Gail Starling Marshall, Deputy Atty. Gen. (Mary Sue Terry, Atty. Gen., Stuart, Va., H. Lane Kneedler, Chief Deputy Atty. Gen., Guy W. Horsley, Jr., Sr. Asst. Atty. Gen., Richmond, Va., E.M. Wright, Com. Atty., Buckingham, Va., William W. Bennett, Jr., Halifax, Va., Robert A. Bruce, Farmville, Va., County Attys., Michael R. Packer, City Atty., Petersburg, Va., on brief), for defendants-appellees.

Before PHILLIPS, MURNAGHAN, and WILKINSON, Circuit Judges.

Rehearing and Rehearing In Banc Denied January 9, 1990.

MURNAGHAN, Circuit Judge:

A number of black residents and two civil rights organizations brought an action challenging Virginia's method of local school board selection as violating the First, Thirteenth, Fourteenth and Fifteenth Amendments to the United States Constitution and Section 2 et seq. of the Voting Rights Act of 1965, 42 U.S.C. § 1973 et seq. Virginia law requires appointment, rather than...

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