Former Chief Justice's Widow Sues Secretary of State in Election Fight of Justice Blackwell's Seat
The widow of former state Supreme Court Justice Charles Weltner was among three voters who filed a federal suit Monday to reinstate the election for Georgia Supreme Court Justice Keith Blackwell's seat, which Blackwell won't vacate until next November.
March 31, 2020 at 03:24 PM
5 minute read
Three Georgia voters—including the widow of former state Supreme Court Chief Justice Charles Weltner—filed a federal lawsuit Tuesday challenging the Georgia secretary of state's cancellation of an election for sitting Justice Keith Blackwell's seat.
Anne Glenn Weltner joined with Statesboro civil rights attorney and former Georgia NAACP president Francys Johnson Jr. and Laura Register, a former member of the Grady County Board of Education, to sue Secretary of State Brad Raffensperger over claims he violated state law, and a civil rights statute barring voter disenfranchisement.
Weltner, a former U.S. congressman who was the only member of Georgia's congressional delegation to vote for the Civil Rights Act of 1964, retired in 1966 rather than swear a loyalty oath to the state Democratic Party that would have required him to support Lester Maddox. Appointed to the state Supreme Court in 1981, Weltner was only the second person selected by the John F. Kennedy Presidential Library to receive the John F. Kennedy Profile in Courage Award in 1991.
The suit seeks a court order directing Raffensperger to reinstate the nonpartisan general election he canceled after Blackwell resigned Feb. 26. His resignation does not take effect until Nov. 18. it has been assigned to U.S. District Senior Judge Orinda Evans.
Raffensperger canceled the election after Kemp's staff notified him that Blackwell's resignation created a vacancy that the governor intends to fill by appointment. Blackwell's six-year term was set to end Dec. 31.
Citing a string of federal voting rights suits dating back to 1886, the new suit contends that canceling the election for Blackwell's seat "is an absolute restriction on the plaintiffs' right to vote."
The Constitution does not require that state justices be elected, the federal suit contends. But once the state decides justices are to be elected, "The state may not invidiously, arbitrarily, or unreasonably disenfranchise voters."
The plaintiff voters are represented by Atlanta attorney Bruce Brown, co-counsel on an ongoing federal case intended to force Georgia, for security reasons, to conduct future elections by paper ballot.
The suit also mirrors pending state challenges of Raffensperger's decision to cancel the election put forth by two would-be candidates for Blackwell's seat—Athens lawyer and former U.S. Rep. John Barrow and former state Rep. Beth Beskin, a partner at the Atlanta office of Mathis Freeman & Gary. After their attempts to qualify for Blackwell's post were rebuffed by Raffensperger's staff, both attorneys unsuccessfully sought writs of mandamus that would order Raffensperger to reopen qualifying and reinstate the election.
Their emergency appeals are currently pending before the Supreme Court of Georgia. Blackwell and four of his seven fellow justices have recused.
Respresentatives for the secretary of state and the state attorney general, whose office is defending Raffensperger in the state litigation, declined comment on the federal suit.
But Attorney General Chris Carr argued in an appellate brief that once Blackwell's resignation was accepted, he can't rescind it and "is legally bound to leave his office on the effective date of his resignation." Therefore, his seat on the Supreme Court is vacant, Carr contended, even though Blackwell has stipulated that he continues o serve as an active member of the bench and perform all his judicial duties.
"The governor is now constitutionally obligated to fill the vacancy by appointment before the end of Justice Blackwell's term," Carr concluded.
Like the pending state litigation, the federal suit argues the governors's appointment power has not been triggered because Blackwell's seat isn't vacant, and won't be until six months after the scheduled May 19 election. In canceling the election, the suit contends that Raffensperger broke state law and disenfranchised Georgia voters, including the three plaintiffs, in violation of the 14th Amendment's due process guarantees.
The suit also contends the only circumstance under which Raffensperger would be legally authorized not to hold an election would be if Kemp appointed Blackwell's successor, who assumed his office, effectively ending Blackwell's term.
"Georgia law does not give the secretary [of state] the authority to deem an occupied seat on the Georgia Supreme Court vacant," the suit states. "The only purpose served by Justice Blackwell's advance notice of his anticipated resignation, and the governor's immediate acceptance of that advance notice, was to allow Justice Blackwell to serve for all practical purposes his entire term, but at the same time give the governor and the secretary of state an argument (thin as it is) to cover an otherwise naked exercise of executive power to appoint a justice that the people of this state are entitled to elect."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'A 58-Year-Old Engine That Needs an Overhaul': Judge Wants Traffic Law Amended
3 minute readAppeals Court Removes Fulton DA From Georgia Election Case Against Trump, Others
6 minute readFamily of 'Cop City' Activist Killed by Ga. Troopers Files Federal Lawsuit
5 minute readFulton Judge Rejects Attempt by Trump Campaign Lawyer to Invalidate Guilty Plea in Georgia Election Case
3 minute readTrending Stories
- 1Decision of the Day: Administrative Court Finds Prevailing Wage Law Applies to Workers Who Cleaned NYC Subways During Pandemic
- 2Trailblazing Broward Judge Retires; Legacy Includes Bush v. Gore
- 3Federal Judge Named in Lawsuit Over Underage Drinking Party at His California Home
- 4'Almost an Arms Race': California Law Firms Scooped Up Lateral Talent by the Handful in 2024
- 5Pittsburgh Judge Rules Loan Company's Online Arbitration Agreement Unenforceable
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250