Breaking: Challengers in Texas Voter ID Case Seek 5th Circuit En Banc Review of Stay Order and Full Review of Case

The other day I reported that a 5th Circuit motions panel, on a 2-1 vote, allowed Texas to enforce its revised voter id law pending appeal in the case. The court did this even though the trial court found Texas engaged in intentional racial discrimination, which should allow for a fuller remedy in the case.

Today the challengers asked the full 5th Circuit to reverse that decision.  The vote will be a good test for what is likely to happen on the merits when this case, almost inevitably, makes it back before the full 5th Circuit on the merits.

Update: Josh Blackman points out that it is not clear that stays are subject to en banc review in the Fifth Circuit. But the ruling is also seeking full initial en banc review of the merits decision.

[This post has been updated.]

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