Facts of the Case
Wiley L. Bolden and other residents of Mobile, Alabama brought a class action on behalf of all black citizens in Mobile. They argued that the practice of electing the City Commissioners at-large unfairly diluted the voting strength of black citizens. A district court and the U.S. Court of Appeals for the Fifth Circuit ruled in favor of Bolden.
Questions
Did the at-large system violate the Fourteenth and Fifteenth Amendments?
Conclusions
-
No. The Court held that the Fifteenth Amendment did not entail "the right to have Negro candidates elected," and that only purposefully discriminatory denials of the freedom to vote on the basis of race demanded constitutional remedies. The Court also found that multimember legislative districts were not unconstitutional per se; such legislative apportionments only violated the Fourteenth Amendment if they were "conceived or operated as [a] purposeful devic[e] to further racial. . .discrimination." In short, the Court held that facially neutral actions were unconstitutional only if motivated by discriminatory purposes.
Arkansas State Conference NAACP v. Arkansas Board of Apportionment: Textualism in Action in a Voting Rights Act Case
On February 17, 2022, in Arkansas State Conference NAACP v. Arkansas Board of Apportionment, the...
Why Proportional Representation Will Not Stem Redistricting Litigation But Will Undermine Normative Representative Values
Federalist Society Review, Volume 21
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Testimony on the "Democracy Restoration Act"
Engage Volume 13, Issue 2, July 2012
Note from the Editor: This paper is based on testimony given by the author before...