“If advocates want the Voting Rights Act to remain popular among all Americans, they better start supporting using the Voting Rights Act to protect all Americans, not just some.”
Posted By6th of August 2015
The 5th Circuit has affirmed the district court’s findings that Texas Voter ID violated federal law. A couple of quick initial thoughts reading the opinion:
1. The ruling deals a blow to the Justice Department’s theories on intent. The opinion says that there must be the specific intention to discriminate, not just that discrimination might occur. This is a serious blow to those who would offer a legal theory that shows intent everywhere.
2. Shelby is cited for the idea that discrimination must be contemporaneous. So much for the DOJ-fueled experts who reflexively talk about reconstruction.
3. This won’t sit well with the plaintiff’s braintrust: “In turn, the relevance of this evidence rests upon the unsupported premise that a legislator concerned about border security or opposed to the entry into Texas of undocumented immigrants is also necessarily in favor of suppressing voting by American citizens of color.”
4. There is now a wider circuit split on what Section 2 results test would look like.
5. That the opinion was written by a George W. appointee only demonstrates further the “strength” of the trial defense.
6. Texas could have fixed this law in January but didn’t? Why not? There was a prevailing narrative pushed by some interests that the Fifth Circuit would reverse and uphold the law. That didn’t happen.Posted By5th of August 2015
HOUSTON, TX. -- August 5, 2015: True the Vote (TTV), the nation's leading voters’ rights and election integrity organization, today reacted to the U.S. 5th Circuit Court of Appeals’ ruling striking down Texas’ photo voter identification law.
“This ruling tells concerned citizens that an election integrity policy like voter ID can be struck down even after it has proven to not be enacted with any discriminatory intent,” True the Vote Founder Catherine Engelbrecht said. “The sanctity of the vote will now break with whoever can best contrive conclusions through craftily curated datasets in the absence of current, concrete evidence.
“One saving grace is that the 5th Circuit has directed all concerned to correct Texas’ voter ID law -- while respecting its original intent of preventing fraud and improving trust in our elections. True the Vote has been a leading advocate for voter ID. We will continue to work, on behalf of all Texans, for common- sense election reforms and bring voter ID back to the state.”
True the Vote (TTV) is an IRS-designated 501(c)(3) voters’ rights organization, founded to inspire and equip voters for involvement at every stage of our electoral process. TTV empowers organizations and individuals across the nation to actively protect the rights of legitimate voters, regardless of their political party affiliation. For more information, please visit www.truethevote.org.
###Posted By5th of August 2015
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