Correspondence from Karlan to Ganacheau (Clerk)
Public Court Documents
November 12, 1987
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Case Files, Chisom Hardbacks. Correspondence from Karlan to Ganacheau (Clerk), 1987. a3017176-f211-ef11-9f8a-6045bddbf119. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/413b177f-fcb7-4820-9432-4f13f52ec4d7/correspondence-from-karlan-to-ganacheau-clerk. Accessed November 08, 2025.
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November 12, 1987
Hon. Gilbert F. Ganucheau
Clerk
United States Court of Appeals
for the Fifth Circuit
600 Camp Street
New Orleans, LA 70130
Re: No. 87-3463, Chisom V. Edwards
• Dear Mr. Ganucheau:
I represent appellants in this case. I am writing pursuant
to F.R.A.P. 28(j). In appellants' brief, at pages 7-8 and 22-23,
we argue that the nature of the judicial function is irrelevant
to the question whether section 2 of the Voting Rights Act of
1965, as amended, 42 U.S.C. § 1973, applies to the election of
judges. Last week, in Dillard V. Crenshaw County. Alabama, No.
86-7799 (11th Cir. Nov. 2, 1987), the Court of Appeals for the
Eleventh Circuit held:
"Nowhere in the language of Section 2 nor in the
legislative history does Congress condition the
applicability of Section 2 on the function performed by
an elected official. The language is only and
/ uncompromisingly premised on the fact of election....
Once a post is open to the electorate, and if it is
shown that the context of that election creates a
discriminatory but corrigible election practice it
must be open in a way that allows racial groups to
participate equally.
Slip op. at 358 (footnote omitted).
I have enclosed six copies of the opinion for the Court's
convenience, and have provided copies to opposing counsel as
well.
R ctfully,
7el Pa a S. Kar an
Counsel for Plaintiffs-
Appellants
cc: All counsel
NINETY NINE HUDSON STREET, 16th FLOOR • (212) 219-1900 • NEW YORK, N.Y. 10013