DeCintio v. Westchester County Medical Center Petition for a Writ of Certiorari to the US Court of Appeals for the Second Circuit

    March 27, 1990 

Hon. Gilbert F. Ganucheau 
Clerk 
United States Court of Appeals 

for the Fifth Circuit 
600 Camp Street 
Suite 100 
New Orleans, LA 70130 

Re: Chisom _et al_, v. Roemer, et al.__ 
No. 89-3954 

Dear Mr. Ganucheau: 

Enclosed please find for filing an original and three copies 
of a motion to expedite oral argument in the above-mentioned case. 

Thank you for your assistance. 

Very truly yours, 

JR:aa 
Encl. 
cc: All Counsel 

NINETY NINE HUDSON STREET, 16th FLOOR • (212) 219-1900 • NEW YORK, N.Y. 10013 



• 

IN THE 

UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

No. 89-3954 

RONALD CHISOM, 

Plaintiffs-Appellants, 

UNITED STATES OF AMERICA, 

Plaintiff-Intervenor-Appellant, 

V . 

CHARLES E. ROEMER, et al., 

Defendants-Appellees  

On Appeal from the United States District Court 
for the Eastern District of Louisiana 

MOTION TO EXPEDITE ORAL ARGUMENT 

Pursuant to Fed. R. App. P. 45(b) and Rule 47.7(5) of this 

Court's Rules, plaintiffs-appellants Ronald Chisom, et al., and the 

class of black registered voters in Orleans parish, hereby move 

this Court for an order setting this case for oral argument on an 

expedited basis. As grounds for this motion, plaintiffs show the 

following: 

1. The district court judgment in this voting rights case 

was entered on September 14, 1989. Plaintiffs-appellants filed 

a notice of appeal on September 25, 1989. The parties have 

requested oral argument, and this case is now fully briefed. 



• 
2. This case concerns the method of electing members of the 

Louisiana Supreme Court. Chisom V. Edwards, 839 F.2d 1056 (5th 

Cir. 1988). On appeal, plaintiffs and plaintiff-intervenor argue 

that the district court erred in holding that the method of 

electing justices in the First District did not violate section 2. 

See, Slip Opinion, Record Excerpts pp. 11-52. 

3. Justices serve ten-year terms. One of the two 

justiceships allocated to the First Supreme Court District—the one 

now held by Justice Marcus--is to be filled by election in the fall 

of 1990. Pursuant to La. Rev. Stat. Ann. § 18:467 (1990 Supp.), 

candidate qualifying is scheduled to take place on July 25-27, 

1990. Candidates must decide whether to seek judicial office prior 

to this date. That decision necessarily depends in large part on 

a potential candidate's perception of the likelihood of success. 

The relief sought by plaintiffs is the partition of the First 

District into two single-member districts, one of which would have 

a black majority. Thus, should plaintiffs prevail on this appeal, 

it is likely that one or more black candidates would decide to seek 

office. 

4. In this case, a panel of this Court has ruled that while, 

as a rule, an election should not be enjoined, the results may be 

set aside and a special election held. Chiaom v. Roemer, 853 F.2d 

1186 (1988) (vacating preliminary injunction). Advancing the 

argument date might avoid the prospect of a special election in the 

event that plaintiffs prevail on this appeal. In addition, an 

earlier argument date might also avoid the prejudice that would 



41, 
result to candidates who would run for election if a new single-

member district is created. 

WHEREFORE, plaintiffs request that the Court set this case for 

argument as soon as possible. 

Respectfully submitted, 

WILLIAM P. QUIGLEY 
901 Convention Center Blvd. 
Fulton Place _ 
Suite 119 
New Orleans, LA 70130 
(504) 524-0016 

ROY RODNEY, JR. 
McGlinchey, Stafford, Mintz, 

Cellini, Lang 
643 Magazine Street 
New Orleans, LA 70130 
(504) 586-1200 

PAMELA S. KARLAN 
University of Virginia 
School of Law 
Charlottesville, VA 22901 
(804) 924-7810 

LIUS LeVONNE CHAMBERS 
CHARLES STEPHEN RALSTON 
JUDITH REED 
DAYNA L.CUNNINGHAM 
SHERRILYN A. IFILL 

99 Hudson Street, 16th Floor 
New York, NY 10013 
(212) 219-1900 

RONALD L. WILSON 
310 Richard Building 
837 Gravier Street • 
New Orleans, LA 70112 
(504) 525-4361 

C. LANI GUINIER 
University of Pennsylvania 
School of Law 
3400 Chestnut Street 
Philadelphia, PA 19104-6204 
(215) 898-7032 



. A04 

CERTIFICATE OF SERVICE  

I hereby certify that on March 27, 1990, I served copies of 

the foregoing motion to expedite 

listed below by causing them to 

first class, postage prepaid: 

William J. Guste, Jr., Esq. 
Attorney General 
Louisiana Department of Justice 
234 Loyola Avenue, Suite 700 
Orleans, LA 70112-2096 

M. Truman Woodward, Jr., Esq. 
1100 Whitney Building 
New Orleans, LA 70130 

Blake G. Arata, Esq. 
210 St. Charles Avenue 
Suite 4000 
New Orleans, LA 70170 

A.R. Christovich, Esq. 
1900 American Bank Building 
New Orleans, LA 70130 

Moise W. Dennery, Esq. 
21st Floor Pan American 

Life Center 
601 Poydras Street 
New Orleans, LA 70130 

oral argument upon the attorneys 

be sent via United States 'nail, 

Robert G. Pugh, Esq. 
Commercial National Tower 
333 Texas Street, Suite 2100 
Shreveport, LA 71101-5302 

Iry Gorenstein, Esq. 
U.S. Department of Justice 
P.O. Box 66078 
Washington, D.C. 20035-6075 

George M. Stickler,Esq. 
639 Loyola Street 
Suite 1075 
New Orleans, LA 70113 

Peter But2er, Esq. 
Butler, Heebe & Hirsh 
712 American Bank Building 
New Orleans, LA 70130 

Moon Landrieu, Esq. 
717 Girod Street 
New Orleans, LA 70130 

Counsel for laintiffs-Appellants