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U.S. v. CHARLESTON COUNTY, S.C.

Nos. 03-2111, 03-2112.

365 F.3d 341 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. CHARLESTON COUNTY, SOUTH CAROLINA; Charleston County Council; John O. Conlon; Toi Ahrens Estes; Cindy M. Floyd; A.D. Jordan; Barrett S. Lawrimore; Timothy E. Scott; Leon E. Stavrinakis; Charles Wallace; Curtis E. Bostic, as members of the Charleston County Council, Defendants-Appellants, and Charleston County Election Commission; Ruth C. Glover, Defendants. Lee H. Moultrie; George Freeman; Maggie McGill; Sandra Fowler, Plaintiffs-Appellees, v. Charleston County Council, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 29, 2004.

Attorney(s) appearing for the Case

ARGUED: Benjamin E. Griffith, Griffith & Griffith, Cleveland, Mississippi, for Appellants. Moffatt Laughlin McDonald, American Civil Liberties Union Foundation, Atlanta, Georgia; Angela MacDonald Miller, Civil Rights Division, Appellate Section, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Joseph Dawson, III, Bernard E. Ferrara, Jr., W. Kurt Taylor, North Charleston, South Carolina; A. Arthur Rosenblum, Charleston, South Carolina, for Appellants. R. Alexander Acosta, Assistant Attorney General, Mark L. Gross, Marie K. McElderry, Civil Rights Division, United States Department of Justice, Washington, D.C., for Appellee United States.

Before WILKINSON, NIEMEYER, and DUNCAN, Circuit Judges.

OPINION

WILKINSON, Circuit Judge:

Since 1969, Charleston County, South Carolina has been governed by a County Council composed of nine members elected in county-wide, partisan elections. Despite the County's substantial minority population, few minority-preferred candidates, and very few minority candidates, have ever been elected to the Council. The United States brought this suit, alleging that the County's at-large election of its Council diluted minority...

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