Narrative Opinion Summary
This case involves plaintiffs, Cobb County voters and officials, challenging the constitutionality of existing electoral districts under the Equal Protection Clause and the one-person, one-vote principle. The plaintiffs argue that the districts, based on outdated 1990 Census data, result in significant population deviations that dilute voting strength. They seek a declaration of unconstitutionality and a new redistricting plan. Despite local redistricting efforts, legislative inaction has left these plans unapproved. Intervenors have been permitted to participate, although formal intervention decisions are pending. The court found the current districts unconstitutional and developed a remedial plan, assisted by an expert, due to the Georgia Legislature's failure to act before the election. The court issued an urgent summary order to ensure election preparations, while a detailed ruling is expected later. The Democratic Party of Georgia, granted amicus curiae status, supports the intervenors' stance. The court's temporary redistricting plan aims to comply with the Voting Rights Act and minimize population deviations, while future legislative action or a full trial will determine a permanent solution.
Legal Issues Addressed
Appointment of an Expert for Redistrictingsubscribe to see similar legal issues
Application: The Court appointed Ms. Meggers as a technical expert to assist in drafting a compliant redistricting plan.
Reasoning: All parties consented to the appointment of Ms. Meggers as the Court's technical expert to assist in drafting the redistricting plan.
Court's Authority to Impose a Remedial Plansubscribe to see similar legal issues
Application: The Court developed its own remedial plan due to the Georgia Legislature's failure to address redistricting before the election.
Reasoning: Due to the Georgia Legislature not reconvening before the election, a temporary remedial plan is necessary.
Equal Protection Clause and One-Person, One-Vote Principlesubscribe to see similar legal issues
Application: The plaintiffs argue that the current electoral districts violate the one-person, one-vote principle due to population deviations based on outdated census data.
Reasoning: They argue that the current districts, based on the 1990 Census, result in significant population deviations that dilute individual voting strength and violate the one-person, one-vote principle.
Intervention in Judicial Proceedingssubscribe to see similar legal issues
Application: The Court allowed intervenors to participate in hearings and propose plans, although a decision on formal intervention is pending.
Reasoning: The Court has yet to decide on the intervention motions but allowed the intervenors to participate in hearings and propose redistricting plans, which the Court considered in its remedial plan.
Unconstitutionality of Existing Districtssubscribe to see similar legal issues
Application: The Court finds that the existing district plans for the Cobb County Board of Education and the Cobb County Board of Commissioners are unconstitutional.
Reasoning: The Court has determined that the existing districting plans for the Cobb County Board of Education and the Cobb County Board of Commissioners are unconstitutional under the one-person, one-vote principle and has enjoined their use in the upcoming election.
Urgency of Court Orders in Election Contextsubscribe to see similar legal issues
Application: The Court issued a summary order to facilitate election preparations due to the urgent nature of the situation.
Reasoning: Given the urgency of the situation, a summary order has been issued to facilitate the Board of Elections' preparations for the election, with a more detailed order to follow by June 17, 2002.