NEW ORLEANS – The U.S. Fifth Circuit Court of Appeals will not reconsider its ruling upholding at-large judicial elections in Terrebonne Parish.
The NAACP filed suit claiming at-large elections discriminated against Black candidates and other minorities. A district court judge agreed, ordering the creation of a majority Black subdistrict for judicial elections.
The appeals court reversed the trial judge, ruling that there was no proof of intentional discrimination or that Black voting strength was diluted by at-large districts.
“Careful review persuades us that the district court erred legally and factually,” the appeals court said.
The NAACP Legal Defense Fund is considering whether to appeal to the U.S. Supreme Court, Leah Aden, a attorney on the case, told the Louisiana Record.
“All in all, the 5th Circuit reversal is unjust,” she said in an email statement. “The district court reached a 90-page post-trial decision, replete with factual findings, which should have been owed deference, showing that at-large voting for the 32nd Judicial Circuit dilutes the electoral power of Black Terrebonne voters and Louisiana has maintained it for that purpose.”
Outside of court rulings, the state also has the option to act, Aden said.
“The legislature and other state officials can do the right thing and legislate to create an opportunity district for the 32nd Judicial Circuit, as it considered but ultimately did not do over decades of Black voters asking them to do so,” she said.
In 2008, at-large voting “permitted an incumbent white judge to be reelected under the system they challenged after this sitting judge had been suspended for appearing in public in black-face, an orange prison jumpsuit, and an afro wig,” the NAACP said in a news release in June.
Although the plaintiffs asked the Fifth Circuit to reconsider their June ruling overturning the district court decision, none of the appeals court judges requested a vote on the rehearing, a release issued on Houma Today said.