The United States opposes private plaintiffs-appellees’ motion to lift the stay pending appeal that the motions panel entered on September 5, 2017. The parties’ merits briefs and oral argument before this Court only reinforce the strong likelihood that Texas will succeed in showing that the district court legally erred and abused its discretion in permanently enjoining Senate Bill 5 (S.B. 5), the State’s amended photo ID law. The balance of equities and the public interest also strongly favor leaving the stay in place. Accordingly, this Court should deny the motion.
The U.S. is still nominally a plaintiff in these cases, but it is functioning as a friend of Texas in supporting its appeal.
Texas’s opposition to lifting the stay is here.