Civil Rights Groups Move to Defend Mississippi's Only Majority-Black Judicial Election District in DeSoto County
Intervention seeks to protect Black voters' opportunity to elect candidates of their choice following challenge to sole majority-Black judicial subdistrict.
JACKSON, Miss. – The American Civil Liberties Union, ACLU of Mississippi, Legal Defense Fund (LDF), and NAACP today moved to intervene on behalf of the DeSoto County NAACP and the Delta Sigma Theta Sorority, Inc. in Foster v. Mississippi, a lawsuit seeking to eliminate the only majority-Black judicial district in DeSoto County, Mississippi. Black people make up about 36% of the county’s population, and that percentage has grown significantly in recent decades.
The above civil rights groups are seeking to intervene in the case to defend the lone, Black-majority judicial subdistrict. The district provides the only meaningful opportunity for Black voters to elect candidates of their choice in Desoto County, which has a longstanding pattern of racially polarized voting. On July 2, white voters in the county filed this lawsuit and asked the court to strike down the majority-Black judicial subdistrict, mere weeks before mail-in voting begins. The plaintiffs claim that the electoral scheme is unconstitutional, but the intervening civil rights groups maintain that the plaintiffs are distorting the scope of the Supreme Court’s ruling in Louisiana v. Callais. In Callais, the Supreme Court confirmed that the use of race to draw Black-majority districts remains constitutional when required by Section 2 of the Voting Rights Act.
Almost all judgeships in DeSoto County are elected countywide, effectively giving Black voters no opportunity to elect their preferred candidates. Dismantling the subdistrict would shut out the Black residents of DeSoto County – the county with the highest rate of growth in its Black population in the State of Mississippi – from representation on the circuit and chancery courts.
"This lawsuit would erase Black voters’ ability to be heard in judicial elections in DeSoto County," said Ming Cheung, senior staff attorney with the ACLU's Voting Rights Project. "We are intervening to ensure that all residents of DeSoto County can fairly participate in elections."
“Black voters in DeSoto County make up over one-third of the County’s population. We are seeking to ensure all voters have the ability to elect candidates of their choice in DeSoto County,” said Joshua Tom, Legal Director at the ACLU of Mississippi.
“Black voters in DeSoto county have endured decades of racial discrimination in voting, but this sole majority-Black subdistrict provides them with a fair opportunity to make their voices heard in judicial elections,” said Sara Rohani, assistant counsel at the Legal Defense Fund. “To strike the district down would be a disservice to the promise of the Voting Rights Act. The intervenors in this case implore the court to uphold the voting rights of DeSoto residents that are protected by federal law.”
“This lawsuit is a direct attempt to dilute Black political power and reverse decades of hard-fought civil rights progress in Mississippi,” said Anthony P. Ashton, Senior Associate General Counsel at the NAACP. “Majority-Black judicial districts ensure that marginalized communities have a seat at the table in our legal system. We will not stand by while representation of DeSoto County’s Black residents is under attack.”
Read the intervention brief and proposed response to motion for preliminary injunction.