LARGE v. FREMONT COUNTY, WYO.

No. 10-8071.

670 F.3d 1133 (2012)

James E. LARGE; Gary Collins; Emma Lucille McAdams; Patricia Bergie; Pete Calhoun, Plaintiffs-Appellees, v. FREMONT COUNTY, WYOMING; Doug Thompson, Jane Adamson, Pat Hickerson, in their official capacity as Fremont County Commissioners; Julie Freese, in her official capacity as Fremont County Court Clerk, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

February 22, 2012.


Attorney(s) appearing for the Case

J. Scott Detamore of Mountain States Legal Foundation, Lakewood, CO, for Defendants-Appellants.

Laughlin McDonald of American Civil Liberties Union Foundation, Inc., Atlanta, GA ( Andrew W. Baldwin , Berthenia Crocker , and Janet Millard of Baldwin, Crocker & Rudd, P.C., Lander, WY, with him on the brief), for Plaintiffs-Appellees.

Before KELLY, SEYMOUR, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

We are called upon in this appeal to decide what level of deference—if any— must be afforded to a local governmental entity's proffered plan to remedy an adjudged violation of Section 2 of the Voting Rights Act of 1965, 42 U.S.C. § 1973 ("Section 2"), when that proposed remedy unnecessarily conflicts with state law. We believe that when such plans in effectuating their remedial purposes do not adhere as closely as possible...

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