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Of Squares and Uncouth Twenty-Eight-Sided Figures: Reflections on Gomilion and Lighfoot After Half a Century Case Western Reserve University School of Law Scholarly Commons Faculty Publications 2010 Of Squares and Uncouth Twenty-Eight-Sided Figures: Reflections on Gomilion and Lighfoot after Half a Century Jonathan L. Entin Case Western University School of Law, [email protected] Follow this and additional works at: https://scholarlycommons.law.case.edu/faculty_publications Part of the Civil Rights and Discrimination Commons, and the Constitutional Law Commons Repository Citation Entin, Jonathan L., "Of Squares and Uncouth Twenty-Eight-Sided Figures: Reflections on Gomilion and Lighfoot after Half a Century" (2010). Faculty Publications. 43. https://scholarlycommons.law.case.edu/faculty_publications/43 This Article is brought to you for free and open access by Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. - Of Squares and Uncouth Twenty-Eight-Sided Figures: Reflections on Gomillion v.Lightfoot After Half a Century Jonathan L. Entin' I. INTRODUCTION The civil rights movement generated many landmark U.S. Supreme Court decisions. Among them were Brown v. Board of Education, I which ruled that segregated schools are unconstitutional and provided the basis for invalidating officially mandated segregation in various other sertings.t Coo- per v. Aaron,) which made clear that opposition to Brown could not justify 4 resistance to desegregation; and New York Times Co. v. Sullivan, which im- posed strict limitations on defamation claims by public officials against their .. 5 cntics. Against this highlight list, it is easy to lose track of Gomillion v. Light- ./001,6 the Tuskegee gerrymandering case in which the Alabama Legislature tried to remove virtually every African-American voter from the city limits by changing the shape of the municipality "from a square to an uncouth twenty- eight-sided figure.I" This Article reflects on Gomillion in connection with its fiftieth anniversary. The case grew out of the emerging civil rights move- ment, which had deep roots in Alabama. It arose in a community with an un- usually large black middle class that put considerable stock in voting rights. Moreover, the ruling appears to have served as a precursor to the U.S. Su- * Professor of Law and Political Science, Case western Reserve University. 1. 347 U.S. 4" (1954). 2. E.g., New Orleans City Park Improvement Ass'n v, Detiege, 358 U.S. 54 (1958) (per curiam) (mu- nicipal parks); Gayle v. Browder, 352 U.S. 903 (1956) (per curiam) (city buses); Holmes v. City of Atlanta, 350 U.S. 879 (1955) (municipal golf courses); Mayor and City Council of Balt. City Y. Dawson, 350 U.S. 877 (1955) (per curiam) (public beaches). 3. 358 u.s. I (1958). 4. 376 us. 254 (1964). 5. See generally ANTHONYLEWLS, MAKE No LAW: THESULLIVANCASE ANDTHEFIRSTAMENDMENT (1991). Several other important First Amendment cases also grew out of the civil rights movement. E.g., Walker v, City of Birmingham, 388 U.S. 307 (1967) (upholding contempt convictions of Marlin Luther King Jr. and others for defying an injunction against Good Friday demonstrations in Birmingham, Alabama); Bond v, Floyd, 385 U.S. 116 (1966) (overturning the refusal to seat a prominent civil rights activist who bad been elected to the Georgia legislature): Gibson v. Fla. Legislative Investigation Comm., 372 U.S. 539 (1963) (limiting the power ofa state agency to demand information about NAACP membership); N~CP v. Button, 371 U.S. 415 (1963) (invalidating a Slate law aimed at limiting civil rights lawsuits by forbidding an organ 1- zetion to refer potential litigants to specific lawyers where the organization was not a party 10 resulting litiga- tion). See generally HARRY KALvEN,JR., THENEGRUANDT1-rEFrRSTAMENDMENT(1965). 6. 364 U.S. 339 (1960). 7. /d.at340. 133 -- 134 Washburn Law Journal [Vol. 50 preme Court's landmark reapportionment ruling in Baker v. Carr.8 In addi- tion, the Court's reasoning-the lead opinion relied only on the Fifteenth Amendment, but a concurrence focused on the Fourteenth Amendment-has led to continuing debate over the true meaning of the case, much as the les- sons of Brown continue to provoke deep disagreement. Part II of this Article provides some background about Gomillion, focus- ing both on the social and political dynamics of Tuskegee and on broader civil rights developments. Part III addresses the Gomillion litigation directly. Part IV assesses the impact of the U.S. Supreme Court's ruling and considers some broader questions about the meaning of the case and its continuing signifi- cance. II. CONTEXT Tuskegee, located about forty miles east of Montgomery, is the seat of Macon County, Alabama. African Americans long have constituted a sub- stantial majority of the population of the city and the county.f Whites never- theless sought to maintain political control. They returned to power after the 1874 election and solidified their position two years later.lo Whites main- tained their dominance for nearly ninety years, until the developments de- scribed in this Article fundamentally altered the political landscape. A key mechanism for preserving white control, not only locally but statewide, was the disenfranchisement of African Americans. A new state constitution adopted in 1901 succeeded in its goal of purging blacks from the voter rolls. I I Meanwhile, two other developments set the stage for later challenges to white political supremacy. First, the Tuskeijee Institute was established in 1881 with the support of white conservatives. 2 Second, in 1923, the federal government opened a hospital for black veterans of World War I in Tuskegee. After some initial confusion and controversy, the U.S. Department of Veter- ans Affairs ("VA") decided to staff the facility with African Americans. 13 Institute leader Booker T. Washington took a generally accommodating ap- proach to racial issues and at least publicly acquiesced in the disenfranchise- ment efforts. 14 The Institute and the VA hospital, however, provided a pool 8. 369 u.s. 186 (1962) 9. BEiU'JARD TAPER, GOMILLION VERSUS LIGHTFOOT: THE RIGHT TO VOTE LNA.PARTHEID ALABAMA II (1962). 10. ROBERT J. NORRELL, REAPING THE WHiRLWIND: THE CIVIL RIGHTS MOVEMENT IN TUSKEGEE 10 (1985). 11. See Hunter v. Underwood, 47l U.S. 222, 226-27 (1985); J. MORGAN KOUSSER, THE SHAPING OF SOUTHERN POLITICS: SUFFRAGE RESTRlCTION A"t\'DTHE ESTABUS~\1ENT OF THE ONE-PARTY SOUTH, 1880- 19!0, at 165-71 (1974). In Macon County, adoption of the new constitution resulted ill an almost complete disappearance of black voters: the number of African American registrants declined by about ninety-seven percent from previous figures. See NORRELL, supra note 10, at 21; MICHAEL PERMAN, STRUGGLE FOR MASTERY: DISFRAl\'CHISEMENT OF THE SOUTH 1888-1908, at 173-94 (2001). 12. NORRELL, supra note 10, at 12 13. 13. Id. at 27-30. 14: . Although he did not take a public position about the [901 constitution, bchind the scenes Washing- IOn facilitated two unsuccessful legal challcnges to disenfranchisement. See id. at 21. The U.S. Supreme a 2010] Reflecting on Gomillion v. Lightfoot After Half a Century 135 of educated, middle-class blacks who challenged political apartheid in later years. The key figure in the later challenges was Charles G, Gomillion, a soci- ology professor at Tuskegee Institute and the lead plaintiff in Gomillion v. Lightfoot. Gomillion joined the Tuskegee faculty in ]928 and spent the 1933-34 academic year at Fisk University studying with Charles Johnson, E. Franklin Frazier, and Robert E. Park, a hugely influential scholar who was visiting at Fisk after retiring from the University of Chicago. 15 On his return to Alabama, Gomillion became active in what was then known as the Tuske- gee Men's Club, which later was renamed the Tuskegee Civic Association (in large part at Gomillion's behest). 16 He soon realized the importance of vot- ing, but it took him five years to be able to register. At the time, prospective voters not only had to pay a poll tax but under a regulation of the Macon Coun~ Board of Registrars, also had to have two registered voters vouch for them. 7 Gomillion finally was able to persuade a wbite contractor, who pro- posed to build him a house, to be his second voucher. The contractor agreed to this after Gomillion made clear that the contractor would not receive full payment for his work until he did so. 18 When World War II ended, African Americans in Tuskegee sought to register in larger numbers than ever before. This reflected expansion at both the VA hospital and the Institute, and it posed a threat to continuing white po- litical control because most of Tuskegee's population growth consisted of Af- rican Americans. 19 Dilatory tactics by the registrars frustrated the vast major- ity of would-be voters. The Tuskegee Civic Association encouraged rejected applicants to sue in state and federal court. Both lawsuits failed. ln Williams v. Wright,20 the Alabama Supreme Court found that the applicant's failure to comply with the Board of Registrars' voucher requirement defeated his claim. The "fair, just and reasonable" rule had been administered without discrimina- tion21 The Court reached this conclusion regardless of the fact that registrars had discouraged African Americans from bringing vouchers with them when they applied but then refused to contact those people so that the applicants 22 could be rejected based on failure to comply with the voucber rule. 23 The federal case of Mitchell v. Wright traveled a more complicated Court rejected both on jurisdictional grounds. Giles v. Teasley, 193 If.S. 146 (1904); Giles v. Harris, 189 US. 475 (1903). 15. NORRELL,supra note 10, at 34-35; William A.
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