Last week 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 put this stay in place this even though the trial court found Texas engaged in intentional racial discrimination, which should allow for a fuller remedy in the case.
The challengers then sought to have the entire 5th Circuit (en banc) reverse the stay order. It also asked the entire court to hear the case initially, rather than letting it go to a Fifth Circuit panel, with later, discretionary en banc review before the entire court.
Via Josh Blackman, comes news that the 5th Circuit has (1) asked for Texas to respond to the request for the case to be heard initially by the entire court and (2) rejected the request to have the en banc court lift the stay because such a request is procedurally improper before the 5th circuit.
At some point, whether the court takes the case en banc or it goes before a full merits panel, the challengers can presumably file a motion asking the court to lift the stay.