Motion of the United States to File Amicus Brief in Excess of Twenty Pages

    U.S. Department of Justice 

  

Civil Rights Division 

  

Appellate Section APR | 4 2 0¢] 
P.O. Box 66078 

Washington, D.C. 20035-6078 

Mr. Richard E. Windhorst, Jr. 
Clerk, United States Court of Appeals 

for the 5th Circuit 
600 Camp Street, Room 102 
New Orleans, Louisiana 70130 

Re: ILulac v. Morales, No. 90-8014 

Dear Mr. Windhorst: 

Enclosed for filing are the original and three copies of the 
Motion Of The United States To File Amicus Brief In Excess Of 
Twenty Pages. 

Sincerely 

Fe 
Mark L. Gross 

Attorney 
Appellate Section 

Civil Rights Division 

CC: Counsel of Record 

 



  

IN THE UNITED STATES COURT OF APPEALS 
FOR THE FIFTH CIRCUIT 

  

No. 90-8014 

LEAGUE OF UNITED LATIN AMERICAN CITIZENS, et al., 

Plaintiffs-Appellees 

Vv. 

DAN MORALES et al., 

Defendants-Appellants 

  

APPEAL FROM THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TEXAS 

  

MOTION OF THE UNITED STATES TO FILE AMICUS 
BRIEF IN EXCESS OF TWENTY PAGES 

  

The United States intends to file an amicus curiae brief in 
  

this appeal. For the following reasons, the United States 

requests permission to file a brief in excess of twenty pages. 

1. The United States initially participated as amicus 

curiae in this case at the request of this Court. We have filed 

amicus briefs in this case when the case was initially before a 

panel of this Court and was before the en banc Court in 1990, and 

when the case was remanded by the Supreme Court in 1991. The 

case presents issues critical to the enforcement of Section 2 of 

the Voting Rights Act, 42 U.s.cC. 1973, for which the Attorney 

General has primary responsibility. 

2. The United States intends to file an amicus curiae brief 
  

in support of appellees. Under the court’s order of March 3, 

1993, appellee’s supplemental brief is due on april 19, 1993. 

Under Local Rule 29.1, an amicus brief supporting the appellees 

 



  

— ior 

would be due within 15 days of April 19. Because the Court has 

set a shortened schedule for supplemental briefs, and has 

scheduled oral argument, the United States intends to file its 

brief on April 19, simultaneously with that of the appellees. 

3. Local Rule 29.3 states that amicus curiae briefs should 
  

be limited to 20 pages. This en banc proceeding will address 

several difficult issues which are, in our view, critical to 

future enforcement of Section 2 of the Voting Rights Act. While 

we are attempting to confine our discussion of those issues as 

much as possible, we wish to provide the Court a full discussion 

of our views. We have found that a full discussion of those 

issues requires us to exceed the limit of twenty pages. 

4. We anticipate that our amicus curiae brief will not   

exceed thirty-five pages. 

For the foregoing reasons, we request that this Court permit 

the United States to file an amicus curiae brief in this case not   

to exceed thirty-five pages. 

Respectfully submitted, 

JAMES P TURNER 

Acting Assistant Attorney General 

rE   
  

JESSICA DUNSAY SILVER 

MARK L. GROSS 

Attorneys 
Department of Justice 
P.O. Box 66078 
Washington, D.C. 20035-6078 
(202) 514-2172 

 



  

CERTIFICATE OF SERVICE 

I hereby certify that one copy of the foregoing Motion Of 

The United States To File Amicus Brief In Excess Of Twenty Pages 

was mailed to each of the following addressees: 

Mr. William L. Garrett 
Garrett, Thompson & Chang 
8300 Douglas 
Suite 800 
Dallas, Texas 75225 

Mr. Rolando Rios 
Milam Building 
Suite 1024 

115 E. Travis Street 
San Antonio, Texas 78205 

Ms. Sherrilyn A. Ifill 
NAACP Legal Defense and Education Fund, Inc. 
99 Hudson Street, 16th Floor 
New York, New York 10013 

Ms. Gabrielle K. McDonald 
7800 N. Mopac 

Suite 215 
Austin, Texas 78750 

Mr. Edward B. Cloutman, III 
3301 Elm Street 

Dallas, Texas 75226-1637 

Mr. E. Brice Cunningham 
777 South R. L. Thornton Frwy. 
Suite 121 
Dallas, Texas 75203 

Mr. J. Eugene Clements 
Porter & Clements 
3500 NCNB Center 
P.O. Box 4744 
Houston, Texas 77210-4744 

Mr. Robert H. Mow, Jr. 
Hughes & Luce 
1717 Main Street 
Suite 2800 
Dallas, Texas 75201 

Mr. Tom Maness 
Jefferson County Courthouse 
Beaumont, Texas 77701 

 



+ 
= 

  

Mr. Seagal V. Wheatley 
Wheatley & Sharpe 
Frost Bank Tower 
Suite 1650 

100 West Houston 
San Antonio, Texas 78205 

Mr. Russell W. Miller 
330 Texas Commerce Tower 

Houston, Texas 77002 

Mr. Joesph Jamail 
Jamail & Kolius 
Attorney at Law 
1 Allen Center 
500 Dallas Street, Suite 3434 
Houston, Texas 77002-4793 

I ie 
This 14th day of ‘April, 1993. 

  

  

MARK L. GROSS 
Attorney 

 



U.S. DEPARTMENT OF JUSTICE | | 

  

OFFICIAL BUSINESS 

PENALTY FOR PRIVATE USE, $300 

POSTAGE AND FEES PAID 
U.S. DEPARTMENT 

OF JUSTICE 

Ms. Sherrilvn A. Ifill JUS<3 
NAACP Legal Defense and Education Fund, Inc. 
99 Hudson Street, 16th Floor 
New York, New York 10013 

i] 
SESE REEREEE