On August 5, the Fifth Circuit issued an opinion in Veasey v Abbott, 14-41127. The voting rights organizations that filed the case had argued that the 2011 Texas law that requires voters at the polls to show certain kinds of government photo-ID violates the Voting Rights Act, section two. In 2014 the U.S. District Court had agreed with the plaintiffs and invalidated the law. The Fifth Circuit agrees with the U.S. District Court that the Texas law has the effect of discriminating against Hispanic and African-American voters.
But the Fifth Circuit said that just because the law has a discriminatory effect does not resolve the case. The Fifth Circuit remanded the case back to the U.S. District Court to determine if the Texas law was enacted with a discriminatory purpose. If it doesn’t, then section two of the Voting Rights Act cannot be used to overturn the law. The Fifth Circuit expresses no opinion about whether the Texas photo ID law violates the Fourteenth Amendment. Thanks to Rick Hasen for the link.
One more moron case due to the usual suspect moron lawyers and judges.
Compare 14th Amdt Sec. 2 and 15th Amdt, Sec. 1.
The June, 1866 and Feb, 1869 Congresses were quite aware of the various schemes in the States to limit the right to vote.
Intentional violations = more drastic remedy.
UN-intentional violations = ordinary remedy.
Will SCOTUS clean up the SUPER mess it has created since 1965 ??? Stay tuned.
These spoiled minorities will not be satisfied until they are given 2 votes for every 1 vote that a White voter is entitled to have. What is it going to take to wake up the serious voters of this country?
Dear Alabama Independent, I am guessing you didn’t read the opinion. It is written by a Bush appointee.
The OBVIOUS longer term remedy is to abolish the USA gerrymander Senate and divide the larger States —
let the resulting black/hispanic majorities be in control of some States — and see what happens.
i.e. if such new States would magically be any better or worse than the other older States.
i.e. perhaps 3 or 4 black majority States from east Texas to Maryland and some hispanic majority States from CA to south Texas or even south Florida.
—
P.R. and nonpartisan App.V.
Sneaky opinion by the 5th circuit. “Sure I am racist,….but not on purpose”
No, I didn’t read the opinion and didn’t have to. BOTH Democratic and Republican appointees to the Courts are all of the same stripe. They have decided that they (The Courts) know better, and the Constitution and the People be damned. One day, they will rule that the Constitution is UnConstitutional!
“One day, they will rule that the Constitution is UnConstitutional!” – Alabama Independent
I doubt that. They will simply rule that the UN Charter trumps the US Constitution. That accomplishes the same thing.
VRA Section 2 does not require discriminatory intent. Discriminatory intent would have an effect on potential remedies under Section 2, and possibly lassoing Texas back under Section 5 of the VRA.
The 5th Circuit ruled that any constitutional claims were superfluous in light of the finding of discriminatory effect under Section 2, and dismissed those claims, as well as the claims that it was a poll tax.
The judge in Corpus Christi is an Obama appointee, and relied on pretty weak testimony on the discriminatory intent of the legislature, including that of the plaintiffs.
After sitting on the case, she issued her ruling about two week before the 2014 election. When the State asked if she were enjoining the law, she issued a new order, “Oh that too”. That injunction was stayed by the 5th Circuit.
I assume that stay remains in effect, since the 5th Circuit essentially tossed the basis for the decision. The discriminatory effect charge is on the basis that it would be harder for minority and poor voters to obtain the types of ID that are required, not that IDs per se are unconstitutional.