Motion for Leave to File Washington Legal Foundation Amicus Brief in Support of Judge Entz; Order

    ‘ ® ® LutAtc HB 

JOHNSON & (GIBBS 
A Professional Corporation 

ATTORNEYS AND COUNSELORS 

Fax: 214/977-9004 100 Founders Square 

Telex: 55 1172 900 Jackson Street 

Dallas, Texas 75202-4499 Houston, Texas 

Writer's Direct Dial Number 214/977-9000 Washington, D.C. 

214-977-9518 

  

Other Locations: 

Austin, Texas 

February 19, 1990 

VIA FEDERAL EXPRESS 

Gilbert Ganucheau 
Clerk, 5th Circuit Court of Appeals 
600 Camp Street, Room 102 
New Orleans, Louisiana 70130 

Re: State of Texas wv. 
League of United Latin American Citizens (LULAC) 

No. 90-8014 

Dear Mr. Ganucheau: 

I have enclosed for filing herewith an original and three 

copies of a Motion for Leave to File Brief of Washington Legal 

Foundation as Amicus Curiae in Support of Appellant Judge F. 

Harold Entz in the above referenced matter. 

Copies of the enclosed motion will be mailed to the 

appropriate counsel of record as indicated in the Certificate of 

Service attached to the Motion. 

Thank you for your assistance. 

Sincerely, 

LL (tT 
Paul Strohl 

PS/mll 

Enclosures 

ce: Counsel of Record 

 



  

IN THE UNITED STATES COURT OF APPEALS 
FOR THE FIFTH CIRCUIT 

STATE OF TEXAS 

Appellants, 

NV. No. 90-8014 

LEAGUE OF UNITED LATIN 
AMERICAN CITIZENS (LULAC) 

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Appellees. 

MOTION FOR LEAVE TO FILE BRIEF OF 
WASHINGTON LEGAL FOUNDATION AS AMICUS CURIAE 
IN SUPPORT OF APPELLANT JUDGE F. HAROLD ENTZ 

  

The Washington Legal Foundation ("WLF"), pursuant to FRAP 29 

and Loc. R. 29, respectfully moves as amicus for leave to file an 

amicus curiae brief in support of appellant Judge F. Harold Entz. 

This motion is made necessary by the lack of written consent by all 

parties to the filing of such brief. 

DESCRIPTION OF AMICUS 

Amicus Washington Legal Foundation is a national nonprofit 

public interest law and policy center with more than 120,000 

members and supporters nationwide. WLF concentrates its litigation 

efforts on cases of nationwide significance affecting our nation’s 

heritage of ordered liberty under the Constitution. WLF has been 

particularly active in cases which pose misguided and overbroad 

applications of federal civil rights laws, including judicial 

applications of the Voting Rights Act. Besides filing amicus briefs 

in such civil rights cases as Memphis Firefighters v. Stotts, 467 

U.S. 561, 104 S.Ct. 2576, 81 L.Ed.2d 483 (1984), and General 

Building Contractors Association, Inc. v. Pennsylvania, 458 U.S. 

MOTION FOR LEAVE TO FILE BRIEF OF AMICUS 
CURIAE WASHINGTON LEGAL FOUNDATION - Page 1 

 



  

: § , 

375, 102 S.Ct. 3141 (1982), WLF has also appeared as amicus and 

filed a brief in a case which is central to the issues presently 

before this Court, Thorpburg v. GCingles, 478 U.S. 30, 106 S.Ct. 

2752, 92 L.Ed. 25 (1986). 

INTEREST OF AMICUS 

Appellant Judge Entz was a defendant-intervenor in the case 

below. As amicus, WLF supports Judge Entz because it agrees with 

certain of his views, expressed in the district court litigation, 

regarding judicial application of the Voting Rights Act. Amicus 

also strongly believes that the federal judiciary must not 

gratuitously interfere in matters pertaining to state law. 

Specifically, amicus will show that the District Court erred in 

holding that Texas’ system of electing district judges violates the 

Voting Rights Act. Furthermore, amicus also believes and will show 

that the District Court had no power to remedy a putative violation 

of the Voting Rights Act by creating an entirely new system for 

judicial selection in Texas. Amicus seeks to develop these 

positions more fully for the court’s benefit instead of burdening 

a voluminous record with a mere repetition of arguments already 

ably presented by Judge Entz. 

For the foregoing reasons, amicus curiae Washington Legal 

Foundation respectfully requests that it be allowed to participate 

in this case by filing a brief. Amicus is in a unique position to 

aid the Court in considering the issues which this case presents. 

The interest of amicus is direct and substantial, and its 

participation will aid the Court in understanding the present 

MOTION FOR LEAVE TO FILE BRIEF OF AMICUS 
CURIAE WASHINGTON LEGAL FOUNDATION - Page 2 

 



issues and will bring significant perspectives to bear on then. 

  

Accordingly, amicus respectfully requests that its motion for leave 

to file an amicus curiae brief in support of Appellant Judge F. 

Harold Entz be granted. 

Respectfully submitted, 

   

    

  

  

DANIEL OGDE 
900 Chateau Pl 

2515 McKinney” Avenue 
Dallas, Texas 75201 
(214) 871-2922 

Fr JET 
PAUL STROHL 
100 Founders Square 
900 Jackson Street 
Dallas, Texas 75202 
(214) 977-9518 

  

   
   

    

  

DANIEL J. POPEO 

PAUL D. KAMENAR 

ALAN M. SLOBODIN 

WASHINGTON LEGAL FOUNDATION 

1705 N. Street, N.W. 
Washington, D.C. 20036 
(202) 857-0240 

COUNSEL FOR AMICUS 

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CERTIFICATE OF SERVICE 

I certify that a true and correct copy of the foregoing 

instrument was served by certified mail, return receipt requested 

on Robert H. Mow, Jr., William L. Garret, Susan Finkelstein, 

Sherrilyn A. Ifill, Gabrielle K. McDonald, Edward B. Cloutman, III, 

Mark H. Dettman, E. Brice Cunningham, Renea Hicks, Ken Oden, David 

R. Richards, Evelyn V. Keyes, Joel H. Pullen, Donald R. Philbin, 

Jr., Andy Taylor, Gerald Goldstein, and Michael Ramesy on this 20th 

day of February, 1990 in accordance with the Federal Rules of 

wf TT 
Paul Strohl, Counsel for Amicus 

Appellate Procedure. 

  

MOTION FOR LEAVE TO FILE BRIEF OF AMICUS 
CURIAE WASHINGTON LEGAL FOUNDATION - Page 4  



  

IN THE UNITED STATES COURT OF APPEALS 
FOR THE FIFTH CIRCUIT 

STATE OF TEXAS 

Appellants, 

Vv. No. 90-8014 

LEAGUE OF UNITED LATIN 
AMERICAN CITIZENS (LULAC) 

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Appellees. 

ORDER GRANTING LEAVE TO FILE AMICUS CURIAE BRIEF 

On this ______ day of February, 1990, came on to be heard the 

motion of amicus Washington Legal Foundation seeking leave to file 

an amicus curiae brief in the above-entitled case. The court is of 

the opinion that amicus should be granted leave to file such a 

brief. 

IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED, that amicus 

Washington Legal Foundation be granted leave in the above-entitled 

case to file an amicus curiae brief. 

  

JUDGE PRESIDING 

ORDER - Page 1