OSU Navigation Bar

Election Law @ Moritz Home Page

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: US Court of Appeals for Fifth Circuit (Case 17-40884)

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. Parties' Proposed Findings of Fact filed 11/18/16. Responses to Proposed Findings of Fact filed 12/16/16. U.S. motion to voluntarily withdraw discriminatory purpose claim filed 2/27/17. Order on remand finding violation of Voting Rights Act filed 4/10/17. Order Granting Section 2 Remedies filed 8/23/17. Notice of Appeal filed 8/23/17. Motion for Stay filed in District Court 8/24/17. Motion for Stay filed in 5th Circuit 8/25/17. District Court Order Granting Limited Stay filed 8/30/17. 5th Circuit Order Granting Stay filed 9/5/17. Revised Notice Setting 5th Circuit Oral Argument for Week of Dec. 4 filed 9/6/17. Petition for En Banc Hearing filed 9/8/17. Expedited Briefing Schedule filed 9/21/17. Order Denying Petition for En Banc Hearing filed 10/10/17. Appellant's Brief filed 10/17/17. U.S. Brief filed 10/26/17. Private Plaintiffs' Brief filed 11/7/17. Appellant's Reply Brief filed 11/20/17. Oral Argument heard 12/5/17.

 

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

Flagging Online Falsehoods

Edward B. Foley

A remedy for foreign disinformation attacks

more commentary...

In the News

Edward B. Foley

Tempe City Council Moves Ahead With Ordinance To Limit 'Dark Money'

Professor Edward Foley appeared on KJZZ to discuss an ordinance in Tempe, Arizona that could limit the influence of “dark money” on its municipal elections.

more EL@M in the news...

Info & Analysis

Sixth Circuit Reverses Dismissal of Ohio ADA Case Alleging Discrimination Against Blind Voters

In an opinion released today, a three-judge panel of the Sixth Circuit Court of Appeals reversed the decision of the district court dismissing a lawsuit alleging that Ohio\'s absentee voter system discriminates against blind voters. According to the panel, the district court accepted Ohio Secretary of State John Husted\'s \"fundamental alteration\" defense without any evidentiary support. The case, Hindel v. Husted, was remanded to the district court for further proceedings.

more info & analysis...