SCLC v. SESSIONS

No. 92-6257.

56 F.3d 1281 (1995)

SOUTHERN CHRISTIAN LEADERSHIP CONFERENCE OF ALABAMA on behalf of its members and on behalf of a state-wide class of black voters; Reverend John L. Alford, individually and on behalf of a class of black voters in the Fifteenth Circuit and District of Montgomery County; Reverend Abraham Woods, Jr., individually and on behalf of a class of black voters in the Tenth Circuit and District of Jefferson County; Reverend P.H. Lewis, individually and on behalf of a class of black voters in the Thirteenth Circuit and District of Mobile County; George W. Grayson, individually and on behalf of a class of black voters in the Twenty-Third Circuit; Charles Steele, Jr., individually and on behalf of a class of black voters in the Sixth Circuit; Reverend John Nettles, individually and on behalf of a class of black voters in the Seventh Circuit; Pearlean S. Jackson, individually and on behalf of a class of black voters in the Twentieth Circuit; Reverend James Milton, individually and on behalf of a class of black voters in the Fifth Circuit; Jesse R. Williams, individually and on behalf of a class of black voters in the Fourth Circuit; Edwin L. Moss, individually and on behalf of a class of black voters in the Fourth Circuit; Luther P. Carmichael, individually and on behalf of a class of black voters in the Fourth Circuit; Mary K. Stovall, individually and on behalf of a class of black voters in the Twenty-Sixth Circuit and District of Russell County; Arthur L. Sumbry, individually and on behalf of a class of black voters in the Twenty-Sixth Circuit and District of Russell County; Albert Turner, individually and on behalf of a class of black voters in the Fourth Circuit; J.S. Thomas, individually and on behalf of a class of black voters in the Fourth Circuit; and Malcolm R. Newman, individually and on behalf of a class of black voters in the Twentieth Circuit, Plaintiffs-Appellants, v. Attorney General Jeff SESSIONS; Chief Justice Sonny Hornsby; Secretary of State Billy Joe Camp; Walker Hobbie, Jr., Probate Judge, Montgomery County; Mike Bolin, Probate Judge, Jefferson County; George Reynolds, Probate Judge, Jefferson County; David G. Lightsey, Probate Judge, Bibb County; Arthur C. Murray, Probate Judge, Calhoun County; Emerson W. Thompson, Probate Judge, Chambers County; Phillip W. Jordan, Probate Judge, Cleburne County; John W. Jones, Jr., Probate Judge, Dallas County; E. Riley Lucas, Probate Judge, Hale County; J.T. Harpe, Probate Judge, Henry County; Cletus Yomans, Probate Judge, Houston County; Alphonso Menefee, Probate Judge, Macon County; Frank Riddick, Probate Judge, Madison County; W.L. Noonan, Probate Judge, Mobile County; Donald R. Cook, Probate Judge, Perry County; Mack Diamond, Probate Judge, Randolph County; Wallace K. Brown, Probate Judge, Russell County; Donald Fox, Probate Judge, Tallapoosa County; W. Hardy McCollum, Probate Judge, Tuscaloosa County; Jerry Boggan, Probate Judge, Wilcox County, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 14, 1995.


Attorney(s) appearing for the Case

J. Richard Cohen, Elizabeth Johnson, Montgomery, AL, for appellants.

James C. Wood, Simon, Wood & Crane, Mobile, AL, Fournier J. Gale, III, Maynard, Cooper, Frierson & Gale, Birmingham, AL, David R. Boyd, Balch & Bingham, Susan E. Russ, Miller, Hamilton, Snider & Odom, Montgomery, AL, for Noonan.

Michael J. Bowers, Atty. Gen., David Walbert, Atlanta, GA, for amicus, State of Georgia.

Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH and BLACK, Circuit Judges.


TJOFLAT, Chief Judge:

Appellant Southern Christian Leadership Conference ("SCLC") and the individual appellants are the class representative of the black voters in Alabama.1 They appeal the district court's decision, Southern Christian Leadership Conference ("SCLC") v. Evans, 785 F.Supp. 1469 (M.D.Ala.1992), reached following a bench trial, rejecting their claim that Alabama's system for electing...

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