Opinion
Civil Action No. 02-0941
June 13, 2002
ORDER
It is hereby ordered that the amended complaint and related filings in the above-captioned matter are dismissed as moot, and the motions to dismiss filed by the United States [#57] and Plaintiff-Intervenors Jeb Bush, John McKay and Tom Feeney [#58] are granted.
MEMORANDUM OPINION AND ORDER
On May 14, 2002, the Attorney General of the State of Florida filed a complaint seeking a declaratory judgment pursuant to Section 5 of the Voting Rights Act of 1965, 42 U.S.C. § 1973c. He sought appointment of a three-judge court pursuant to 28 U.S.C. § 2284(a) and a determination whether Florida's Congressional reapportionment plan, Session Law 2002-12, satisfies the substantive standard of Section 5. In addition, he requested a conference pursuant to Fed.R.Civ.P. 16 to expedite disposition of the action. An order granting the motion for a three-judge district court was entered on May 16, 2002. By amended complaint filed May 21, 2002, the Florida Attorney General sought a declaration that the plan satisfies the substantive standard of Section 5.
On May 1, 2002, Florida Governor Jeb Bush, President of the Florida Senate John McKay and Florida House Speaker Tom Feeney (collectively "the Governor") submitted the same plan to the Attorney General of the United States for administrative preclearance pursuant to 42 U.S.C. § 1973c. The United States and Attorney General John Ashcroft, as defendants, filed a motion to stay this proceeding during the pendency of the administrative application before the United States Attorney General.
Congressman Alcee L. Hastings and several other Florida voters sought permission to intervene as defendants pursuant to Fed.R.Civ.P. 24 and sought a temporary restraining order and a preliminary injunction to prohibit the United States Attorney General from considering the administrative application of the Governor. On May 28, 2002, the court granted the motion to intervene under Rule 24(a) but denied the motion for a temporary restraining order. A second motion to intervene was filed by Congressman Peter R. Deutsch and others seeking similar relief as the Hastings intervenors; the court granted permission to intervene on June 4, 2002. Finally, the Governor sought permission to intervene as plaintiff on May 29, 2002, and the court granted the motion on June 4, 2002. On that same day, the Governor as Plaintiff-Intervenor filed a motion to stay this proceeding pending a determination of the administrative application by the United States Attorney General.
On June 7, 2002, the Department of Justice notified the court that the Assistant Attorney General for Civil Rights had advised the Governor that the United States Attorney General does not interpose any objection to the Congressional reapportionment plan submitted for preclearance. In light of this Section 5 determination, the United States moved on June 10, 2002 to dismiss this proceeding under Fed.R.Civ.P. 12(b)(1) as moot. The Governor filed a similar motion on June 7, 2002.
A preclearance determination by the United States Attorney General dispenses with the requirement for the State of Florida to seek declaratory relief before this court prior to the implementation of the new Congressional voting districts. 42 U.S.C. § 1973c. Such determination is not appealable and is not reviewable by this court. Morris v. Gressette, 432 U.S. 491, 505 (1977). Because 42 U.S.C. § 1973c permits the State of Florida to implement its Congressional reapportionment plan in light of the United States Attorney General's determination without any action from this court, there is no longer a case or controversy under Article III of the Constitution for the court to resolve. Accordingly, we dismiss the amended complaint and related filings as moot and grant the motions to dismiss filed by the United States and the Governor.