Fifth Circuit documents

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 SCOTUSblog has some of the initial documents — see here for a redacted version of the first appellate filing (the redactions are on p.19, and I assume (but don’t know) that they pertain to an individual voter’s circumstances), and for an advisory by the state late last night.

(The advisory mentions a “‘preclearance’ requirement that the district court purports to impose on page 143 of its opinion.”  As I mentioned, I read the opinion differently: I think the district court found the predicate facts necessary to a “bail-in” preclearance order, but expressly (and correctly) set the preclearance issue — whether it’s appropriate to issue a bail-in order or not, and if so, under what conditions — for later hearing and deliberation.)

[UPDATE: Here’s the DOJ’s opposition to Texas’s emergency filing.  It addresses some of the Purcell issues that Rick and I had been discussing earlier.]

[SECOND UPDATE: And thanks to Lyle @ SCOTUSblog, the plaintiffs’ opposition papers are here, here, here, and here.]

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