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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Veasey v. Abbott

Case Information

Date Filed: June 26, 2013
State: Texas
Issues: Voter ID, Voter Registration, Voter Supression
Current Court: District Court for the Southern District of Texas (Case 2:13-cv-00193)

Issue:

Issue 1:

Does SB 14 violate Section 2 of the Voting Rights Act, 42 U.S.C. 1973, by denying the right to vote on account of race and language minority?

Issue 2:

Does SB 14 violate the Fourteenth Amendment of the U.S. Constitution by purposely denying minority voters equal protection for registration and voting?

Issue 3:

Does SB 14 violate the Fifteenth Amendment of the U.S. Constitution by purposely denying minority voters the right to vote?

Issue 4:

Does SB 14 severely burden or facially discriminate against a class of voters without a legitimate governmental interest and violate the Fourteenth Amendment of the U.S. Constitution?

Issue 5:

Does SB 14 restrict freedom of speech and association in violation of the First Amendment of the U.S. Constitution?

Issue 6:

Does SB 14 create a poll tax in violation of the Fourteenth and Twenty-First Amendments of the U.S. Constitution?

Status:

District Court opinion striking down voter ID law filed 10/9/14. Fifth Circuit Opinion filed 8/5/15. Petition for Rehearing En Banc filed 8/28/15. Application to Vacate Fifth Circuit Stay filed in U.S. Supreme Court 3/25/16. Order Denying Application to Vacate Stay filed 4/29/16. Fifth Circuit En Banc Opinion filed 7/20/16. Consent Motion in District Court for Entry of Temporary Remedial Order filed 7/23/16. Order Granting Consent Motion filed 7/23/16. Joint submission of agreed terms filed 8/3/16. Order Regarding Agreed Interim Plan filed 8/10/16. U.S.'s and Private Plaintiffs' Motions to Enforce Interim Remedial Order filed 9/6/16 and 9/7/16. Response to Motions to Enforce Interim Remedial Order filed 9/12/16. Order Granting Motion to Enforce Interim Remedial Order filed 9/20/16.

Supreme Court Documents

Circuit Court of Appeals Documents

District Court Documents


Circuit Court of Appeals Documents (regarding True the Vote's intervention)



Commentary

Edward B. Foley

Accuracy About Voting—Needed on Both Sides of Debate

Edward B. Foley

The Golden Rule fully applies: speak truthfully about voting as you would have others also speak truthfully about voting.

more commentary...

In the News

Daniel P. Tokaji

Donald Trump video outlines first 100 day plans

Professor Dan Tokaji was quoted on Fox28 about Donald Trump’s latest video outlining plans for his first 100 days in office.

"Take immigration for example, one of the cornerstones of the Trump campaign, not just building the wall, but reversing some of President Obama's actions on immigration, in particular the protection of the immigrant children," Tokaji said. "There will be a big backlash from the growing Latino population if he acts too aggressively on that, something that could hurt the Republican Party for decades."

more EL@M in the news...

Info & Analysis

Divided District Court Panel Finds Wisconsin Assembly Districts Unconstitutionally Drawn

In a 2-1 opinion, a District Court panel determined that the redistricting plan enacted by the Wisconsin legislature in 2011 was an unconstitutional partisan gerrymander. The court deferred its ruling as to a remedy, ordering further briefing by the parties. The case is Whitford v. Nichol.

more info & analysis...