Correspondence from Schnapper to Days
Correspondence
November 1, 1978

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Case Files, Bolden v. Mobile Hardbacks and Appendices. Correspondence from Schnapper to Days, 1978. 40c255c6-cdcd-ef11-8ee9-6045bddb7cb0. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/21eb0e5b-9140-474c-9bed-a0b08578b45b/correspondence-from-schnapper-to-days. Accessed May 02, 2025.
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November 1, 1978 Prew S. Days, III Assistant Attorney General Civil Rights Division Department of Justice Washington, D.C. Dear Drew: The Supreme Court has taken two cases involving the rule of White v. Regester, 412 U.S. 755 (1973), that the use of at-large elections may be forbidden if they disenfranchise minority voters, City of Mobile v, Bolden, No. 77-1844; Williams v. Brown, No. 78-357. Some members of the Court have for several years been uneasy about the developing caselaw, and we suspect there may be a major retrench- ment. The greatest dangers are that they will hold White does not apply to city elections, or that White is bad law after Washington v. Davis. The issue is of great importance, since at-large voting schemes are by far the most important device now in use in the south to keep blacks from holding public office or wielding any political power. An amicus brief from the government would, needless to say, be welcome. If these cases are of possible interest to you, I would be glad to provide the relevant materials to whoever in the Department might work on them. Yours gincerely, Sr a tr Eric Schnapper ES:aa 10" COLUMBUS CIRCLE 586-8397 NEW YORK," N, ¥Y.: TOO 11'S