TEXAS: Fifth Circuit Court Of Appeals Slaps Down State’s Voter ID Law

The Dallas Morning News reports:

The Fifth Circuit Court of Appeals ruled Wednesday that Texas’ voter ID law violates the Voting Rights Act — but it also said the law is not a “poll tax.” In an unanimous decision, a three-judge panel ruled that the controversial and Republican-backed measure violated Section 2 of the landmark civil rights law. The law has been part of a complicated legal battle for years. But the victory was narrow win for opponents of the law. The judges also rejected a previous judge’s ruling that the law was passed with the intent to discriminate. The Fifth Circuit sent that portion of the lawsuit back to a U.S. district court. The court wrote that, if the lower court finds in its review of the case that the voter ID Law only violates Section 2 of the Voting Rights Act, it should find a solution that can still reduce the risk of in-person voter fraud and satisfy the legislative intent of the voter ID law.

The state is likely to request review before the full Fifth Circuit or appeal directly to SCOTUS.

  • Paula

    This is going to piss off the righties so bad. They can’t have all those brown people getting rights.

    • Bluto

      Really. 1st the gheys, now the brown peeps. I suppose the women folk will want to control their own bodies too.
      it’s madness!

      • Paula

        I know! What do these people think they have the right to vote or sumthin’.

        • Gustav2

          And if you can’t trust the 5th Circuit all is lost.

          • billbear1961

            WHAT is evil coming to?!

            Falling down on the job, if you ask me!

          • billbear1961

            Truly lovely to see your happy dancers back!


      • billbear1961

        Oh, those uppity women folk!

        You’d almost think they were CITIZENS!

      • Judas Peckerwood

        Just as long as I can marry my lawnmower.

        • Bluto

          I strongly suggest using a cast iron condom.

        • 2guysnamedjoe

          Make him wear a grass catcher.

    • billbear1961

      The main reason Puerto Rico will never become a state (I’ve been reading about their financial difficulties and how we abuse citizens in the territories by giving them no say in federal elections despite the large part–out of proportion to their numbers–they play fighting and dying for this country in the armed services) unless we reduce right-wingers in Congress to the nasty little rump they deserve to be.

      • GC

        The “T” in the currently poll-leading Republican’s name is silent.

        • billbear1961


  • MattM

    Go fuck yourself with a cactus, racist-ass Teabaggers!

    • William

      Poor cactus!

      • Todd20036

        Cactus porn!


      Don’t hold back, how do you really feel ? 🙂

      • MattM

        You’re right.

        Go fuck yourself with a PARCHED cactus, racist-ass Teabaggers!

  • Sam_Handwich

    i’m curious who was on the panel, and who nominated them to the the 5th

    • Sam_Handwich

      The 3 judges are…

      Stewart (Clinton)
      Haynes (GWB)
      Brown (Obama)

      Brown is a district judge from Louisiana. Not sure why that is.

      • HoneyBoySmith

        And, the opinion was written by Haynes.


        Edit: I don’t see a dissent. It appears that all three judges agreed.

        • billbear1961

          Yes, it says it was unanimous, HBS!

      • billbear1961

        Let us stand, Sir Sam, for we are in the presence of . . . Dame Justice!

        And who knows how long, in this country, we will benefit from her rule?


      • Probably doing the circuit rounds like the one judge from Alaska who went down to Arizona to hear one of our cases.

  • HoneyBoySmith

    This is good.

    This is very good.

  • another_steve

    It’s very important who’s elected President of the United States, if for no other reason than Presidents get to nominate judges and judges ultimately define the country’s legal environment and ethos.

  • JustSayin

    This is certainly a surprise from the fifth…..downright liberal

  • billbear1961

    Wow, this must be one evil POS law–surprise, surprise–if even the FIFTH Circuit (where Justice usually goes to be horribly abused) has slapped it down, and the panel was unanimous!


    • billbear1961

      If Texas asks for an en banc, the Undead monsters of injustice on the court will almost certainly give them what they want–massive voter suppression (voter fraud, my ASS–in-person voter fraud is almost non-existent in the USA).

      Ultimately, this will have to go to SCOTUS, where we’ll find out if Kennedy will remain part of the Fascist Five in this matter or if he’ll actually show some concern for genuine democracy. I doubt it as they just ruled that the new voter ID law in Wisconsin–which one conservative but decent judge on the Seventh Circuit says is blatant voter suppression–is fine.

      It amazes me that Americans don’t seem to care much that their right to vote is being taken from them or made as difficult as possible to exercise by the far right.

      But then HALF the country–often up to two-thirds–doesn’t bother to vote.

      If fascism comes to the U.S., this will be the predominate reason why.

      It’s tragic, but also enraging and DISGUSTING.

      EDIT: It also makes any close “victories” the right wins illegitimate.

      They are playing with fire, or would be in a country with an electorate that really cared about democracy and justice.

      The jury is out on that.

      God knows the corporate media will do little to inform people of what’s going on AND will make excuses for what the right is doing.

      It makes me so angry I fear for my mental and physical health.

      • If I had to guess which judge you’re talking about from 7C, I’m gonna wager on Posner?

        • billbear1961

          I don’t think it was Posner, Cody. I don’t think he was on the panel that time.

          A friend told us about him, that he was a GOP appointee; but I can’t remember his name!

  • e jerry powell

    Wait: hadn’t SCOTUS already beat down that part of the VRA, though?

    • Gustav2

      I think the reasoning was the VRA picked on Southern (Republican) states. I think they wanted a nationwide VRA not one based on Jim Crow because that kind of racism is over. lol

      • billbear1961

        Roberts: “Oh, who, WHO do we think we ARE, interfering with the people’s LAWS?! Oh, woe is me! Oh, lamentations! Oh, excuse me, as I pause to weep for Lady Liberty!!”

        We’re not talking about protecting citizens’ rights here, O Honourable One, but about suppressing them.

        Roberts (recovering): “Um, whose, exactly?”

        The poor, the young, people of colour . . .

        Roberts (greatly restored and beaming): “Consider the law GUTTED!”

  • lymis

    I’m unclear why the answer hasn’t been, in part to extend all aspects of the Voting Rights Act nationwide. Jurisdictions not setting out to screw over their minorities won’t have any trouble, and oversight of those trying it shouldn’t be limited just to those jurisdictions who historically discriminated.

    • Gustav2

      Didn’t SCOTUS screw that possibility in the courts, asking Congress to do it?

      • Octavio

        In my foggy eldergay memory, I think they did just that last year. 🙁

    • billbear1961

      “Are you advocatin’ federal tyranny, suh? These matters must be left up to the good faith of each sovereign state, SUH!!

      “Do not force me–I say do not FORCE me–to hurl the gauntlet of states’ rights at your tyrannical feet, SUH!!”

      This is what you’ll hear from the GOP, lymis, or some other lame BS excuse, while some northern governors–like Walker in Wisconsin–snicker.

      • 2guysnamedjoe

        I hear Foghorn Leghorn when I read that.

        • billbear1961


  • Octavio

    Texas will just have to work on repealing the whole Voter’s Rights Act. Then they’ll be happy.

  • William

    I thought the Fifth Circuit Court was in a permanent vegetative coma. Nice to see they made a recovery.

    • JustSayin

      Its temporary

  • Mark

    WoW! I had no idea there were so many frauds in Texas! I’ve got to get out more often.

  • Sk3ptic

    That this law passed in the first place made my blood run cold…just a brutal, public broom handle raping of the voting rights of millions of people in Texas.

    • billbear1961

      What I figured.

  • Blake Jordan

    The rethuglicans are so obviously corrupt and against the average person’s rights, how does justify voting for them… if you are not a (rich) christianist, straight, white, cis-gender man…