Pope v. County of Albany, No. 11-3439 (2d Cir. 2012)Annotate this Case
Plaintiffs, black and Hispanic registered voters in Albany County, sued the County and the Board of Elections (collectively, defendants) for enacting a redistricting plan for the Albany County Legislature (Local Law C) in response to the 2010 United States census that allegedly diluted black and Hispanic voting strength in violation of Section 2 of the Voting Rights Act (VRA), 42 U.S.C. 1973, by failing to provide for five majority-minority districts (MMDs). The court concluded that plaintiffs' appeal was not moot, even though the challenged elections have not taken place. While the court identified legal error in the district court's determination that plaintiffs failed to make the majority-minority showing required to satisfy the first step of a vote dilution claim as identified in Thornburg v. Gingles, the court identified no error in the district court's determination that plaintiffs failed to demonstrate a likelihood of success as the third majority bloc-voting step of the Gingles inquiry, or in the court's denial of preliminary injunctive relief on that ground.