Clark v. Roemer

Background

A group of Louisiana state officials sought to hold elections on November 6 and December 8, 1990, for judgeships created by recent state acts. The United States District Court for the Middle District of Louisiana found that some of those acts had not received the required federal preclearance under §5 of the Voting Rights Act and ordered relief in case No. 86-435-A. The election dispute was then presented to Justice Scalia and referred to the full Court.

Reasoning

The Court considered whether to halt the scheduled elections for the judgeships that the District Court found lacked federal approval. The Supreme Court granted the application in part and enjoined Louisiana officials from holding the listed November 6 and December 8 elections for those specific judgeships. The order applies to the positions identified in Part II of the District Court’s October 22, 1990 order, except Division B of the 20th Judicial District, which the lower court later found precleared. In all other respects the Court denied the application. The order is conditioned on the timely filing of a statement explaining why the Supreme Court can hear the appeal.

Real world impact

Practically, the decision stops several scheduled judicial elections in Louisiana while the appeal proceeds, enforcing the requirement that certain election changes receive federal approval before moving forward. If the lower judgments are affirmed or the appeal is dismissed, the injunction ends automatically; if the Supreme Court notes probable jurisdiction or reverses, the injunction stays in effect until the Court’s judgment is sent down.

Dissents or concurrances

Justice Blackmun would have denied the application in full and thus dissents from the parts that grant injunctive relief; Justice White also dissents from the order.