Case 3:11-cv-00159-TSL -EGJ -LG Document 63 Filed 04/14/11 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

MISSISSIPPI STATE CONFERENCE OF THE

NATIONAL ASSOCIATION FOR THE
ADVANCEMENT OF COLORED PEOPLE,
THOMAS PLUNKETT, ROD WOULLARD,
and HOLLIS WATKINS, on behalf of
themselves and all other similarly situated PLAINTIFFS

v. NO. 3:11-cv-159 CWR FKB

HALEY BARBOUR, in his official capacity as

Governor of the State of Mississippi, JIM HOOD,
in his official capacity as Attorney General of the
State of Mississippi, and DELBERT HOSEMANN,
in his official capacity as Secretary of State of the
State of Mississippi, as members of the State Board
of Election Commissioners; THE MISSISSIPPI
REPUBLICAN PARTY EXECUTIVE COMMITTEE;
THE MISSISSIPPI DEMOCRATIC PARTY EXECUTIVE
COMMITTEE; and CONNIE COCHRAN, in her official
Capacity as Chairman of the Hinds County, Mississippi
Board of Election Commissioners, on behalf of herself
and all others similarly situated DEFENDANTS
______________________________________________________________________________

RESPONSE OF THE MISSISSIPPI REPUBLICAN

PARTY EXECUTIVE COMMITTEE IN OPPOSITION
TO MOTION FOR A PRELIMINARY INJUNCTION
______________________________________________________________________________

The National Association for the Advancement of Colored People and the individual

plaintiffs have moved for preliminary injunction. [Dkt. 18] The only relief they seek, at page 15

of the motion, is “a preliminary injunction enjoining legislative elections using the current

benchmark districts.” Plaintiffs do not seek the imposition, even on a preliminary basis, of any

affirmative remedy. Their only request is that this Court immediately forbid the use of current

districts for the 2011 legislative election.

Plaintiffs’ request to abandon one plan with no assurance that a new one can be devised is
 Case 3:11-cv-00159-TSL -EGJ -LG Document 63 Filed 04/14/11 Page 2 of 4

plainly premature. As explained in the motion of the Mississippi Republican Party Executive

Committee to strike exhibits to motion for preliminary injunction [Dkt. 62], the parties do not

dispute that the current districts are malapportioned. The Republican Party shares plaintiffs’

optimism that this Court may devise a constitutionally acceptable remedy in time for candidates

to qualify for office on June 1, 2011, so that elections may be held this year on the statutory

schedule. However, particularly because this Court has not yet set a trial date, plaintiffs can

offer no evidence that such speed is even possible, much less likely.

Unless a remedy can be established quite soon, there is at least a possibility that this

Court will instruct defendants to implement the current election plan this year. That is what this

Court did twenty years ago in Watkins v. Mabus, 771 F.Supp. 789 (S.D. Miss.), aff’d in part and

vacated in part, 502 U.S. 954 (1971). Secretary of State Hosemann’s pending motion to dismiss

[Dkt. 41] asks this Court to do the same thing this year.

Because plaintiffs have not established that the existing plan cannot be used this year, and

because their motion offers neither evidence nor argument in support of an affirmative

constitutional remedy, the relief they seek is premature. This Court should overrule the motion

for preliminary injunction without prejudice to the right of plaintiffs to raise the issue again

should it become necessary.

Respectfully submitted, this the 14th day of April, 2011.

MISSISSIPPI REPUBLICAN PARTY

EXECUTIVE COMMITTEE

By: /s/Michael B. Wallace

MICHAEL B. WALLACE (MB No. 6904)
C. STEVENS SEALE (MB No. 6688)
JAMES D. FINDLEY (MB No. 103649)
WISE CARTER CHILD & CARAWAY
Post Office Box 651
Jackson MS 39201-0651

2
 Case 3:11-cv-00159-TSL -EGJ -LG Document 63 Filed 04/14/11 Page 3 of 4

CERTIFICATE OF SERVICE

I hereby certify that I electronically filed the foregoing with the Clerk of the Court using
the ECF system which sent such notification of such filing to the following:

Carroll Rhodes, Esq.

Law Offices of Carroll Rhodes
Post Office Box 588
Hazlehurst, MS 39083-0588

Robert L. Gibbs, Esq.

Brunini Grantham Grower & Hewes
Post Office Drawer 119
Jackson, MS 39205-0119

Jack L. Wilson, Esq.

Bradley Arant Boult Cummings, LLP
Post Office Box 1789
Jackson, MS 39215-1789

Samuel L. Begley, Esq.

Begley Law Firm
Post Office Box 287
Jackson, MS 39205-0287

Harold E. Pizzetta, III, Esq.

Justin L. Matheny, Esq.
Office of the Attorney General
Post Office Box 220
Jackson, MS 39205

Robert Bruce McDuff, Esq.

Robert McDuff Law Office
767 N. Congress Street
Jackson, MS 39202-3009

Crystal W. Martin, Esq.

Precious Martin Sr. & Associates
Post Office Box 373
Jackson, MS 39205-0373

3
 Case 3:11-cv-00159-TSL -EGJ -LG Document 63 Filed 04/14/11 Page 4 of 4

R. Andrew Taggart, Jr., Esq.

Clay B. Baldwin, Esq.
Taggart, Rimes & Usry, PLLC
1022 Highland Colony Pkwy, Ste. 101
Ridgeland, MS 39157

This, the 14th day of April, 2011.

/s/ Michael B. Wallace

MICHAEL B. WALLACE