Correspondence from Lani Guinier to Jack Greenberg Re: New Voting Rights Case in Alabama

    December 1, 1983

To: Ja.ck Greenberg

From: Lani Guinier

Re: New voting rights case in Alabama

At Airlie, I discussed with Jim Blacksher and others the
iequest we frave-received from Jesse Jackson and Operation
pUdi-t" litigaie inter alia registration cases under
Section 2. As a ffitlTm Biacksher canvassed several
iOf cooperating attorneys in Alabama. He also talked
with 1oca1 Ufa6f< activiits. They aII told him registration
barriers are being effectively challenged at the state
i;;i"Iative leve1. Nevertheless, the consensus of opinion
was that a statewide lawsuit should be filed challenging
instead the appointment of polling place officials.

It appears that an excellent Section 2 case can be made

.n"fil"ging the role played by the state and county
Democraiic party officials in the appointment process'
These pemocratil Party officials are responsj-b1e for
i".o**".ding ii=t= of only white candidates to be polling
ai;"" officiafs. 

- 
The entire scheme is probably a holdover of

the all-white prj.mary system and should be attacked on those
grounds.

Jim and I believe that the case, once filed, has three worth-
*rrir" "bjectives. 

First, it would probably be settled because
of pressire from the national Democratic Party. The primary
objective would thus be obtaining relief quickly. The

r"ii.f sought would include the appointment of more black
p"if:-"g ofiicials. The presence of black officials on
Ltecti5n day would be crucial to efforts to increase black
turn-out, to inform illiterate voters of their right to
be assisted by someone of their choice, and to insure that
voters whose names are not on the rol1s due to bureaucratic
mix-ups are nevertheless allowed to file challenge ballots '

second, the case will probably generate publicity, especially
if Reverend Jackson takes a personal interest in it. The
p,-,uri.ity is import,ant because it wilI provide. specif ic
documentation of current barriers to black political partici-
pation.



Third, if the case does go to trial, the facts are good for
;;ki;; new law under seciion 2' since the case will be

filedinUontg"*"ry,w€haveagood.chanceofgettinga
fair judge. irri= i" a ground-bieaking case because it will
expand the typ"" of ele;tion 1aw procedures that can be

Iitigated under Section 2'

Jim and I anticipate that the case can be resolved prior to
Lrial for SZOOO.'If it is necessary to try the case' I
propose a budget of $15,000'

I strongly recommend that we take this case. It is backed
by blacf,s at a1l leve1s in Alabama; it is a great case
I;g;lit--""a i.i-riii h"rr" important repercussions both in
terms of the =p..iiic refiei sought as well as the precedential
value.

LG/x