Respondents appealed. A three-judge panel of the Fifth Circuit reversed the judgment of the District Court, 902 F.2d 293 (1990), and petitioners' motion for rehearing en banc was granted, 902 F.2d 322 (1990). The en banc majority held that the results test in § 2 of the Voting Rights Act of 1965, as amended in 1982, is inapplicable to judicial elections.
In addition to severing racial discrimination and the Voting Rights Act, the majority errs by failing to weigh correctly the state's interest in defining the judicial office of district judge. As this panel previously recognized, see LULAC I, 902 F.2d 293, 307-09 (5th Cir. 1990), vacated, 902 F.2d 322 (5th Cir. 1990) (en banc), important reasons exist to link the electoral bases of district courts to their primary jurisdiction. The Supreme Court directed that on remand this interest would be weighed in determining whether a violation of the Act has occurred.
Rehearing En Banc Granted May 16, 1990. See 902 F.2d 322. David C. Godbey, Jr., Robert H. Mow, Jr., Hughes Luce, Dallas, Tex., for Judge Entz.
On May 16, the court entered its order granting rehearing en banc in LULAC. See LULAC, 902 F.2d 322, 323 (5th Cir. 1990). The DOJ participated in briefing and oral argument before the en banc court.
The Fifth Circuit has now granted rehearing en banc in the Texas case which has the effect of vacating the opinion of the panel. League of United Latin Am. Citizens Council No. 44346 v. Clements, 902 F.2d 322 (5th Cir. 1990). The Fifth Circuit has scheduled oral argument for June 19, 1990.