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Media Alerts - Veasey v. Perry - Fifth Circuit
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October 15, 2014
  Veasey v. Perry - Fifth Circuit
Headline: Fifth Circuit Reinstates Texas Voter ID Law for Upcoming Election.

Area of Law: Election law.

Issue Presented: Whether, in light of the importance of maintaining the status quo on the eve of an election, the District Court's judgment holding the Texas voter identification law unconstitutional should be stayed pending appeal.

Brief Summary: The U.S. District Court for the Southern District of Texas enjoined Texas's voter identification law on October 11, nine days before early voting begins and twenty-four days before Election Day. The district court's decision was based on its determination that the ID requirements, which had been enacted by the state legislature in 2011, abridged the right to vote, discriminated against minority voters, and amounted to an unconstitutional poll tax. The State of Texas filed an emergency motion for stay pending appeal in the U.S. Court of Appeals for the Fifth Circuit. Based primarily on the extremely fast-approaching election date, the Fifth Circuit stayed the district court's judgment pending appeal. As a result, the challenged requirements will apply in the upcoming November 2014 election, unless the Supreme Court intervenes to vacate the Fifth Circuit's stay.

For the full opinion, please see:

Panel: Circuit Judges Clement, Haynes, and Costa

Argument Date: N/A

Date of Issued Opinion: 10/14/2014

Docket Number: No. 14-41127

Decided: The State's motion for a stay of the district court's judgment pending appeal is granted.

Case Alert Author: Kirsty Davis

Counsel: Chad Dunn, Brazil & Dunn, for Plaintiffs-Appellees Veasey, Hamilton, Deleon, Carrier, Burns, Montez, Pope, Ortiz, Ozias, League of United Latin American Citizens, Mellor-Crumley, and Dallas County, TX; Anna Baldwin, U.S. Dept. of Justice, for Plaintiff-Appellee United States of America; Leah Aden, NAACP Legal Defense & Educational Fund, Inc., for Intervenor Plaintiffs-Appellees Imani Clark, and Texas League of Young Voters Education Fund; Rolando Rios for Intervenor Plaintiff-Appellee Texas Association of Hispanic County Judges and County Commissioners; Preston Henrichson for Intervenor Plaintiff-Appellee Mexican American Legislative Caucus-Texas House of Representatives; Vishal Agraharkar, New York University, Brennan Center for Justice, for Plaintiff-Appellee Texas State Conference of NAACP Branches; Jose Garza for Plaintiff-Appellees Espinosa, Estrada, La Union Del Pueblo Entero, Incorporated, Martinez Lara, Medez, and Taylor; Jonathan Mitchell, Solicitor General, for Defendant-Appellants Perry, in his Official Capacity as Governor of Texas, Berry, in her Official capacity as Texas Secretary of State, the State of Texas, and Mcgraw, in his Official Capacity as Director of the Texas Dept. of Public Safety.

Author of Opinion: Judge Clement (Judge Costa concurring in the judgment)

Case Alert Circuit Supervisor: Aaron-Andrew P. Bruhl

    Posted By: Aaron Bruhl @ 10/15/2014 09:35 PM     5th Circuit  

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