Davida JOHNSON; Pam Burke; Henry Zittrouer; George L. Deloach; and George Seaton, Plaintiffs,
v.
Zell MILLER, in his Official Capacity as Governor of the State of Georgia; Pierre Howard, in his Official Capacity as Lieutenant Governor of the State of Georgia and President of the Georgia Senate; Thomas Murphy, in his Official Capacity as Speaker of the Georgia House of Representatives and Max Cleland, in his Official Capacity as Secretary of State of the State of Georgia, Defendants,
and
Lucious Abrams, Jr.; Rev. G.L. Avery; William Gary Chambers, Sr.; Judy Lambers; Rita Valenti; and Karen Watson, Intervenor Defendants,
and
United States of America, Intervenor Defendant.
United States District Court, S.D. Georgia, Augusta Division.https://leagle.com/images/logo.png
December 1, 1995.
December 1, 1995.
Attorney(s) appearing for the Case
A. Rowland Dye, Dye, Tucker, Everitt, Wheale & Long, Augusta, GA, Larry H. Chesin, A. Lee Parks, Kirwan, Goger, Chesin & Parks, Atlanta, GA, for plaintiffs.
Dennis Robert Dunn, Atlanta, GA, David Frank Walbert, Walbert & Mathis, Atlanta, GA, for Zell Miller, Pierre Howard, Max Cleland, Lewis Massey.
Sam George Nicholson, Augusta, GA, Sewell R. Brumby, Office of Legislative Counsel, Atlanta, GA, for Thomas Murphy.
Laughlin McDonald, Neil Bradley, Mary Ellen Wyckoff, ACLU, Atlanta, GA, for Lucious Abrams, Jr., Rev. G.L. Avery, William Gary Chambers, Sr., and Karen Watson.
Judybeth Greene, Loretta King, Daniel H. Clayman, Dept. of Justice — Civil Rights Div., Washington, DC, Donna M. Murphy, Dept. of Justice, Civil Rights Division, Voting Section, Washington, DC, for U.S.
Doug Teper, Atlanta, GA, pro se.
A. Leon Higginbotham, Jr., New York City, for amicus curiae Congressional Black Caucus.
Frank B. Strickland, Anne Ware Lewis, Wilson, Strickland & Benson, Atlanta, GA, Richard Scott Thompson, McNatt, Greene & Thompson, Vidalia, GA, Dalton L. Oldham, Columbia, SC, for John Lewis and Newt Gingrich.
Sanford D. Bishop, Jr., Washington, DC, pro se.
Jim Coonan, Atlanta, GA, pro se.
Woodrow Lovett, Sardis, GA, pro se.
Gray Brumby, Atlanta, GA, pro se.
Before EDMONDSON, Circuit Judge; EDENFIELD, Chief District Judge; and BOWEN, District Judge.
United States District Court, S.D. Georgia, Augusta Division.
ORDER
In this expedited matter, the question presented is this one: Is Georgia's Second Congressional District unconstitutional on the ground that it violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution? The answer is "Yes."
After a trial on the merits and in the light of Miller v. Johnson, ___ U.S. ___, 115 S.Ct. 2475, 132 L.Ed.2d 762 (1995), we find and conclude that race, namely the intention to create...
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