Supreme Court of Louisiana

“ In the view we take of the case we do not reach the question whether the appeal should not also be dismissed because of doubt whether the decision of the Louisiana Supreme Court as to Act No. 119 rests on a holding that the Act violates the Fourteenth Amendment, or merely that it is inapplicable as a matter of construction of a state statute not reviewable here. With that left in doubt, we could not say that the decision of the state Supreme Court does not rest on a non-federal ground adequate to support it. ”

“ The argument of the State of Louisiana, however, is that the issue presented by this case is much simpler than our statement would indicate. The issue, asserts the State, is simply that petitioners were using the library room 'as a place in which to loaf or make a nuisance of themselves.' The State argues that the 'test'-the permissible civil rights demonstration-was concluded when petitioners entered the library, asked for service and were served. Having satisfied themselves, the argument runs, that they could get service, they should have departed. ”

“ The supreme court shall hold its sessions in each year, for the Eastern district in New Orleans during the months of November, December, January, February, March, April, May, June, and July; and for the western district, at Opelousas during the months of August, September and October : for five years: Provided however, That every five years the legislature may change the place of holding said court in the western district. The said court shall appoint its own clerks.
Sect. 4. The legislature is authorised to establish such inferior courts as may be convenient to the administration of justice. ”

“ The Louisiana Supreme Court found-contrary to the trial judge that negroes had not been excluded from jury service on account of race, but that their exclusion was the result of a bona fide compliance by the Jury Commission with State laws prescribing jury qualifications. With this conclusion we cannot agree. Louisiana law requires the Commissioners to select names for the general venire from persons qualified to serve without distinction as to race or color. ”

“ The Legislature shall have power to restrict the jurisdiction of the Supreme Court in civil cases to questions of law only. ART. 63. The Supreme Court shall be composed of one Chief Justice and four associate justices, a majority of whom shall constitute a quorum. ”

“ A judge of the supreme court, a court of appeal, district court, family court, parish court, or court having solely juvenile jurisdiction shall have been admitted to the practice of law in this state for at least five years prior to his election, and shall have been domiciled in the respective district, circuit, or parish for the two years preceding election. He shall not practice law. ”

“ The Court holds that Texas and Louisiana lack standing to challenge the Guidelines because “a party lacks a judicially cognizable interest in the prosecution ... of another.” Ante, at 5 (internal quotation marks omitted) . To be sure, the district court found that the Guidelines have led to an increase in the number of aliens with criminal convictions and final orders of removal who are released into the States. ”

“ Before beginning its analysis, the court remarked that " [i] t is particularly significant that no black person has ever been elected to the Louisiana Supreme Court, either from the First Supreme Court District or from any one of the other five judicial districts." 839 F.2d, at 1058. After agreeing with the recently announced opinion in Mallory v. Eyrich, 839 F.2d 275 (CA6 1988) , it noted that the broad definition of the terms "voting" and "vote" in § 14 (c) (1) of the original Act expressly included judicial elections within the coverage of § 2. ”

“ It further stated that DHS “personnel should not rely on the fact of [a qualifying] conviction” when exercising “prosecutorial discretion.” Id., at 115. Thus, the Final Memorandum did not simply permit deviations from the statutory mandates; it flatly contradicted those mandates by stating that qualifying convictions were insufficient grounds for initiating arrest, detention, and removal.
C
Texas and Louisiana challenged this Final Memorandum in federal court under the Administrative Procedure Act (APA) . ”