Category Archives: Voting Rights Act

Analysis: Texas Voter ID Decision: To #SCOTUS or Not?

October 14, 2014, 2:51 pmelection administration, The Voting Wars, voter id, Voting Rights ActRick Hasen

The Fifth Circuit’s order in the Texas voter id case relies on “the Purcell principle” that courts should not change election rules in advance of the election. Although this outcome was expected, this ruling also shows, as I laid … Continue reading

“This Ruling Could Put Texas Back In The Doghouse On Voting Law Changes”

October 14, 2014, 2:01 pmThe Voting Wars, voter id, Voting Rights ActJustin Levitt

TPM covers the potential for bailing Texas back into federal preclearance under the Voting Rights Act, after a finding of intentional discrimination by the federal court reviewing the state’s new ID rule.

Justice Alito’s Disturbing Statement in Wisconsin Voter ID Case

October 14, 2014, 9:00 amelection administration, The Voting Wars, voter id, Voting Rights ActRick Hasen

[Bumping to the top with a brief update.] Last week the Supreme Court voted 6-3 to stop a horrendous 7th Circuit court order allowing Wisconsin to immediately put its voter id law into effect. Regardless of where you stand on… Continue reading

“Voter ID Opponents Appear to Believe Minorities Incompetent”

October 14, 2014, 1:14 amvoter id, Voting Rights ActJustin Levitt

And for a different take, Kristin Tate at Breitbart charges racism by those who assume that minorities are less able to get ID. For what it’s worth, this echoes Judge Easterbrook’s approach to the applicable standard under the Voting Rights… Continue reading

Fifth Circuit documents

October 12, 2014, 12:28 pmelection administration, The Voting Wars, voter id, Voting Rights ActJustin Levitt

The 5th Circuit still hasn’t recognized the Texas voter ID appeal on its own case management system, in part because the state’s initial petition for a 5th Circuit order slowing the whole business down was apparently filed under seal. But… Continue reading

Texas Seeks Emergency 5th Circuit Relief in Voter ID Case

October 11, 2014, 3:10 pmelection administration, Supreme Court, The Voting Wars, voter id, Voting Rights ActRick Hasen

Tim Eaton: “@gregabbott filed emergency stay in the 5th Circuit on #voterid. Also, fed judge issued final judgment halting #voterid #txlege” also: “DOJ and other plaintiffs in Texas #voterID case must respond w/i 24 hrs… Continue reading

“Maneuvering Persists After Courts Block New Voter Conditions”

October 10, 2014, 6:50 pmelection administration, election law and constitutional law, Supreme Court, The Voting Wars, voter id, Voting Rights ActJustin Levitt

The N.Y. Times parses what’s happened and what’s next regarding the most prominent election administration tussles this week.

“The Voting Rights Act & Judicial Equity”

October 10, 2014, 12:10 pmelection administration, The Voting Wars, Voting Rights ActJustin Levitt

Ned Foley with characteristically smart thoughts about the equitable considerations in last-minute judicial orders before an election.

The Biggest Aspect of the Texas Case: Texas To Be Covered Again by Section 5 (If Case Stands)

October 10, 2014, 2:14 amelection administration, Supreme Court, The Voting Wars, voter id, Voting Rights ActRick Hasen

Justin noted a key aspect of the Texas id decision which I want to highlight: “Also extremely important: the court expressly finds intentional discrimination relevant to bail-in under the Voting Rights Act, and says it will consider a bail-in order… Continue reading

Don’t Get Too Excited That #SCOTUS Blocked Wisconsin’s Voter ID Law This Election

October 10, 2014, 2:04 amelection administration, Supreme Court, The Voting Wars, voter id, Voting Rights ActRick Hasen

I’ve explained why I think the Supreme Court was correct to block Wisconsin’s voter id law for use in this election. There was too much of a risk that the law could not be implemented fairly in time for this… Continue reading

Is Texas ID Law Blocked Now? Should It Be? Would It Stay Blocked?

October 10, 2014, 1:56 amelection administration, Supreme Court, The Voting Wars, voter id, Voting Rights ActRick Hasen

In my last post, I wrote about the massive opinion in the Texas voter id case that “there is no discussion of whether the actual order will apply to this election and the injunction will stop its use in this… Continue reading

“Texas Will Immediately Appeal Voter ID Ruling”

October 10, 2014, 12:54 amelection law and constitutional law, The Voting Wars, voter id, Voting Rights ActJustin Levitt

So promises the AG.

Reactions to TX (and Sometimes WI) Decision

October 10, 2014, 12:54 amelection law and constitutional law, The Voting Wars, voter id, Voting Rights ActJustin Levitt

Reports from AP, HuffPo, LA Times, MSNBC, NPR, NY Times, Politico, Reuters, USA Today, Wall St. Journal. And from the plaintiffs’ counsel — Brennan Center, CLC, and LDF… Continue reading

Not All “Purcell Problems” Are Alike

October 9, 2014, 11:17 pmelection administration, election law and constitutional law, voter id, Voting Rights ActJustin Levitt

Rick says that tonight’s TX ID case (which does, indeed, enter a permanent injunction against the ID law – on pp. 142-143 of the opinion) creates a huge Purcell problem. I’m not so sure. To be clear, I can understand… Continue reading