COLLETON COUNTY COUNCIL v. McCONNELL

Nos. CIV.A. 01-3581-10, CIV.A. 3:01-3609-10, CIV.A. 3:01-3892-10.

201 F.Supp.2d 618 (2002)

COLLETON COUNTY COUNCIL; Steven Murdaugh, individually and in his official capacity as Chairman of Colleton County Council; Dr. Joseph Flowers, individually and in his official capacity as a member of Colleton County Council; Janice H. Alexander, Andrew F. Calcutt, Joseph Hamilton, Hazel Harrelson, Jas. P. Harrelson, William K. Padgett, Daisy F. Rizer, I.N. Rizer, David M. Smalls, A.L. Smoak, Jr., Kathleen V. Steedly, Wendell M. Steedly, Cheryl R. Tilman, and W. Gene Whetsell, Plaintiffs, and Sel Hemingway, individually, Intervenor-Plaintiff, v. Glenn F. McCONNELL, in his official capacity as the President Pro Tempore of the South Carolina Senate; David H. Wilkins, in his official capacity as the Speaker of the South Carolina House of Representatives, and James H. Hodges, in his official capacity as the Governor of South Carolina, Defendants. Hugh K. Leatherman, individually and as Senator from the 31st District, Scott H. Richardson, individually and as Senator from the 46th District, and Robert W. Hayes, Jr., individually and as Senator from the 15th District, Plaintiffs, v. Glenn F. McConnell, in his capacity as President Pro Tempore of the Senate and Chairman of the Senate Judiciary Committee, David H. Wilkins, in his capacity as Speaker of the House of Representatives, and James F. Hendrix, in his capacity as Executive Director of the State Election Commission, Defendants, James H. Hodges, in his official capacity as the Governor of South Carolina, Intervenor-Defendant. Kamau Marcharia, James Melvin Holloway, Ann Johnson, and Elder James Johnson, Plaintiffs, v. James H. Hodges, in his official capacity as Governor of South Carolina; Glenn F. McConnell, in his official capacity as President Pro Tempore of the South Carolina Senate; David H. Wilkins, in his official capacity as Speaker of the South Carolina House of Representatives; and James F. Hendrix, in his official capacity as Executive Director of the South Carolina State Election Commission, Defendants.

United States District Court, D. South Carolina, Columbia Division.

Order Clarifying Opinion, April 18, 2002.


Attorney(s) appearing for the Case

Carl Frederick Muller, John C. Moylan, III, James C. Parham, Alice Parham, Matthew Richardson, Wyche, Burgess, Freeman, and Parham, P.A., Greenville, SC, for Plaintiffs Colleton County Council, Steven Murdaugh, Joseph Flowers, Janice H. Alexander, Andrew F. Calcutt, Joseph Hamilton, Hazel Harrelson, Jas. P. Harrelson, William K. Padgett, Daisy F. Rizer, I.N. Rizer, David M. Smalls, A.L. Smoak, Jr., Kathleen V. Steedly, Wendell M. Steedly, Cheryl R. Tilman, and W. Gene Whetsell.

William L. Pope, Pope and Rogers, Columbia, SC, for Intervenor-Plaintiff Sel Hemingway.

John F. Hardaway, Columbia, SC, Robert N. Hunter, Jr., Patton, Boggs & Blow, Greensboro, NC, for plaintiffs, Hugh K. Leatherman, Scott H. Richardson, Robert W. Hayes, Jr.

Herbert Edward Buhl, III, Columbia, SC, Laughlin McDonald, American Civ. Liberties Union Foundation, Inc., Atlanta, GA, Maha Zaki, Atlanta, GA, for plaintiffs Kamau Marcharia, James Melvin Holloway, Ann Johnson, and Elder James Johnson.

Charles A. Terreni, Terreni Law Firm, Columbia, SC, Steven W. Hamm, Richardson, Plowden, Carpenter and Robinson, P.A., Columbia, SC, Michael A. Carvin, Louis K. Fischer, Jones, Day, Reavis and Pogue, Washington, SC, for defendant Glenn F. McConnell.

Reginald I. Lloyd, Paige Jones Gossett, Willoughby and Hoefer, P.A., Columbia, SC, Charles Fennell Reid, McNair Law Firm, P.A., Columbia, SC, for defendant David H. Wilkins.

Brent O. E. Clinkscale, Womble, Carlyle, Sandridge, & Rice, Greenville, SC, Richard M. Gergel, David E. Rothstein, Carl Solomon, Gergel, Nickles, & Solomon, Columbia, SC, A. Lee Parks, Parks, Chesin, Walbert & Miller, Atlanta, GA, I.S. Leevy Johnson, Johnson, Toal & Battiste, P.A., Columbia, SC, Brenda Reddix-Smalls, Reddix-Smalls & Carter Law Firm, Columbia, SC, for defendant James H. Hodges.

Charlie Condon, Atty. Gen. of South Carolina, Treva Ashworth, Deputy Atty. Gen., J. Emory Smith, Jr., Asst. Deputy Atty. Gen., Columbia, SC, for James F. Hendrix.

Before WILLIAM B. TRAXLER, Jr., United States Circuit Judge, and JOSEPH F. ANDERSON, Jr., Chief Judge, and PERRY, Senior District Judge.


ORDER

WILLIAM B. TRAXLER, Jr., Circuit Judge.

The United States Constitution requires the governing officials of the State of South Carolina to enact new districting plans for the South Carolina Senate, the South Carolina House of Representatives, and the United States Congressional districts within the state on an equipopulous basis every ten years, in accordance with population changes revealed by the decennial census. Unfortunately, the governing officials...

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