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VANDER LINDEN v. HODGES

No. 98-2174.

193 F.3d 268 (1999)

Neil A. VANDER LINDEN; Forrest E. Ott; Ann Y. Hart; Peggy A. Dufek; Vincent Johnson; Alice J. Cicenia; Gwendolyn L. Grooms; Robert H. Waters; Anita L. Franklin, Plaintiffs-Appellants, and Bufort Blanton, Plaintiff, v. James H. HODGES, Governor, in his capacity as Governor of South Carolina; David H. Wilkins, in his official capacity as Speaker of the South Carolina House of Representatives; Dorchester County Legislative Delegation; George H. Bailey, in his representative capacity as a member of the State House of Representatives; the South Carolina Senate; Defendant Class; South Carolina House of Representatives; John Doe, Chair of the Dorchester County Legislative Delegation; Bill Branton, Senator; Converse A. Chellis, III, Representative; Robert W. Harrell, Jr., Representative; Gilda Cobb-Hunter, Representative; Annette Young-Brickell, Representative, Defendants-Appellees, and Nick Theodore, in his official capacity as Lieutenant Governor and presiding officer of the South Carolina Senate; Robert J. Sheheen, in his official capacity as Speaker of the South Carolina House of Representatives; James B. Ellisor, in his offical capacity as Executive Director of the South Carolina State Election Commission; State of South Carolina, Defendants. UNITED STATES of America, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 30, 1999.

Attorney(s) appearing for the Case

ARGUED: Moffatt Laughlin McDonald, American Civil Liberties Union Foundation, Inc., Atlanta, Georgia, for Appellants. David Reece Williams, III, Columbia, South Carolina; James Emory Smith, Jr., Columbia, South Carolina; Thomas Stuart White, Charleston, South Carolina, for Appellees. ON BRIEF: Neil Bradley, Maha Zaki, Cristina Correia, American Civil Liberties Union Foundation, Inc., Atlanta, Georgia; Herbert E. Buhl, III, Columbia, South Carolina, for Appellants. Paula Gail Benson, Columbia, South Carolina, for Appellee Senate; Charles Molony Condon, Columbia, South Carolina, for Appellees Wilkins and House; Samuel W. Howell, IV, Charleston, South Carolina, for Appellees Legislative Delegation and Doe; Charles F. Reid, Columbia, South Carolina, for Appellee Speaker; Charles E. Carpenter, Jr., Columbia, South Carolina, for Appellee Beasley.

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Reversed and remanded by published opinion. Judge MOTZ wrote the majority opinion, in which Judge MICHAEL joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In this case we consider the legality of South Carolina's county legislative delegation system. The district court upheld this system in the face of constitutional and statutory challenges. Because county legislative delegations constitute elected governmental...

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