Clark v. Roemer

Background

Louisiana state officials planned elections on November 6 and December 8, 1990 to fill judgeships created by recent state laws. A federal District Court in the Middle District of Louisiana found those new judgeships had not received the required federal approval under Section 5 of the Voting Rights Act, and the matter was presented to Justice Scalia and then to the full Court for emergency relief.

Reasoning

The core question was whether the Court should stop the scheduled elections for judgeships the District Court found unprecleared. The Supreme Court granted the application in part: it enjoined specific district and appeals court judgeship elections listed in the District Court’s October 22, 1990 order, while denying other requested relief. The Court excepted divisions that had been found precleared by the District Court or precleared by the Attorney General’s October 10, 1989 letter. The order is conditioned on the timely filing of a statement about the Court’s jurisdiction and stays in effect only if that statement is filed.

Real world impact

Practically, the order prevents Louisiana from holding the listed November and December 1990 elections for certain newly created judgeships, directly affecting voters, judicial candidates, and election administrators in those districts. The injunction remains active while this Court considers the appeal but will end automatically if the lower judgments are affirmed or if the appeal is dismissed; it will continue in other circumstances until the Court’s judgment is sent down.

Dissents or concurrances

Justice White dissented from the order. Justice Blackmun concurred in part and dissented in part, saying he would have denied the application entirely and opposed granting injunctive relief.