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Reyes v. City of Farmers Branch Texas

In this voting rights case, the court's rule requiring an inquiry into citizenship under the first Gingles test, laid out in the Supreme Court case Thornburg v. Gingles, remains good law. 5th U.S. Circuit Court of Appeals, No. 08-11106, 11-03-2009

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Published opinion

Before HIGGINBOTHAM and STEWART, Circuit Judges, and ENGELHARDT, District Judge.*fn1

In this voting rights case, we treat a claim that the city of Farmers Branch, Texas has diluted the strength of its Hispanic vote.*fn2 After a bench trial, the district court rejected the claim. There are two issues on appeal — one legal and one factual. First, the Plaintiffs urge that the Supreme Court’s decision in Bartlett v. Strickland*fn3 implicitly overruled Fifth Circuit precedent requiring a minority citizen voting-age population in a district proposed under § 2 of the Voting Rights Act to exceed 50% of its total citizen voting-age population. Second, the Plaintiffs alternatively urge that the district court clearly erred in finding that Plaintiffs had not proved that the Hispanic citizen voting-age population in their proposed district constituted a majority. Unpersuaded, we reject both arguments and affirm.

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