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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Texas v. Holder

Case Information

Date Filed: January 24, 2012
State: Texas
Issues: Voting Rights Act, Voter ID
Courts that Heard this Case: U.S. District Court for the District of Columbia (Case 1:12-cv-00128); United States Supreme Court (Case 12-1028)

Issue:

Whether Texas' voter ID law should be granted preclearance under section 5 of the Voting Rights Act.

Status:

Complaint Filed 1/24/12. Answer filed 4/9/12. Trial commenced 7/10/12. Opinion Denying Texas' Request for a Declaratory Judgment on Count One issued 8/30/12. Plaintiff's Motion for Summary Judgment filed 10/1/12. Order entering final judgment on claim one filed 12/17/12. Notice of Appeal to Supreme Court filed 12/19/12. Lawyer's Committee Motion to Affirm filed 5/9/13. DOJ's Motion to Affirm filed 5/9/13. Rodriguez Intervenor's Motion to Affirm filed 5/9/13. Judgment Vacated and Remanded in light of Shelby County v. Holder filed 6/27/13. Case dismissed on 8/27/13. Order denying Kennie-Intervenros' Motion for Attorney's Fees filed 8/11/14.

Supreme Court Documents

District Court Documents

Commentary

Edward B. Foley

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

White House drops Obama-era discrimination claim against Texas voter ID law

Professor Edward Foley was quoted in The Christian Science Monitor in an article about how the Trump administration dropped a discrimination claim against a Texas voter ID law. Viewed as one of the strictest voting requirements in the country by voting rights advocates, the law required voters to show one of seven valid forms of ID.

A federal appeals court ruled last year that the law disproportionately impacted minorities and those living in poverty. The court required the state to adjust its requirements before the general election. According to court testimony, Hispanic voters were twice as likely to lack proper ID under the law, while black voters were three times as likely.

“Voting litigation is increasing, not decreasing,” Foley said. “The main impression … is that when a law looks like it’s engaging in outright disenfranchisement of a valid voter, even conservative judges have been stopping that. [But] the judiciary is more tolerant with state legislatures adjusting issues of convenience and accessibility, if the adjustment is not outright disenfranchisement.”
 

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Info & Analysis

District Judge Dismisses Georgia Voter Rolls Case

In an order released late Friday, U.S. District Judge Timothy Batten dismissed a lawsuit filed against Georgia\'s Secretary of State by the advocacy organization Common Cause, which alleged that Georgia unlawfully removed voters from registration lists preceding the 2016 Presidential election. The case is Common Cause v. Kemp.

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