Prewitt v. Moore’s Empirical Analysis
1993
Citation profile
Relationships
Applies 42 U.S.C. § 1973 (§ 2 of the Voting Rights Act of 1965) · 42 U.S.C. § 1973C (§ 5 of the Voting Rights Act of 1965)
Relies on Allen v. State Board of Elections · Chisom v. Roemer · The Canal Authority of the State of Florida v. Howard H. Callaway, Secretary of the United States Army, the Cross-Florida Canal Association v. Howard H. Callaway, Secretary of the United States Army, Eleanor H. Miller v. Avery S. Fullerton, Environmental Defense Fund, Inc. v. Corps of Engineers of the United States Army, J. G. Perko v. The Canal Authority of the State of Florida, Etc. · Beer v. United States · Presley v. Etowah County Commission
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any State or political subdivision in a manner which results in a denial or abridgement to vote on account of race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title, as provided in subsection (b) of this section. (b) a violation of subsection (a) of this section is established if, based on the totality of circumstances, it is shown that the political process leading to nomination or election in the State or political subdivision are not equally open to participation by members of a class of citizens protected by subsection (a) of this section in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. The extent to which members of a protected class have been elected to office in the State or political subdivision is one circumstance which may be considered: Provided, That nothing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion in the population.”
1 later decision quote this exact passage · from the majority“In conclusion, there has not been a change ‘with respect to voting’ with § 9-1-103 and 9-1-105 that was different from that in effect and force on November 1, 1964. Presley made it clear that judicial or administrative pre-clearance under section 5 is not required where appointment of officials and not the election of officials is at issue. The voters in Mississippi still elect Supreme Court, Circuit Court and Chancery Court Judges just as they did prior to November 1, 1964. Appointments on a temporary basis are still made in instances of disqualification. Miss.Code Ann. § 9-1-101 et seq. does not prohibit Mississippi voters from electing judges formerly subject to their approval. The introduction of §§ 9-1-103 and 9-1-105 in the 1989 legislative session has no nexus with the import of section 5 — which is to prohibit changes in voting procedures which have the effect of diluting or abridging the right to vote on the basis of one’s race. Beer v. United States, 425 U.S. 130, 141 , 96 S.Ct. 1357, 1363 , 47 L.Ed.2d 629, 632 (1976).”
1 later decision quote this exact passage · from the majority“§ 9-1-103. Vacancy in office. Whenever a vacancy shall occur in any judicial office by reason of death of an incumbent, resignation or retirement of an incumbent, removal of an incumbent from office, or creation of a new judicial office in which there has not heretofore been an incumbent, the Governor shall have the authority to appoint a qualified person to fill such vacancy to serve for the unexpired term or until such vacancy is filled by election as provided in Section 23-15-849, Mississippi Code of 1972. When a vacancy shall occur for any of the reasons enumerated in this section, the clerk of the court shall notify the Governor of such vacancy immediately.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.