The Law Giveth, and the Law Taken Away

An appellate court for the 5^th Circuit has stayed a lower court ruling striking down the Texas voter suppression law:

A federal appeals court said Tuesday that Texas can enforce its strong voter identification requirements in the November election, temporarily blocking a lower court’s ruling last week that the law was an unconstitutional effort to suppress the votes of blacks and Hispanics.

The three-judge panel put off consideration of whether the lower-court decision, which condemned the law, should stand permanently. Rather, it said that with early voting starting on Oct. 20, a change in the rules could cause confusion among voters and poll workers, something the Supreme Court has sought to avoid in other cases.

“Based primarily on the extremely fast-approaching election date, we stay the district court’s judgment pending appeal,” Judge Edith Brown Clement wrote on behalf of the panel of the United States Court of Appeals for the Fifth Circuit, based in New Orleans.

This likely to disenfranchise about something around 600,000 otherwise legal voters.

Needless to say, this sucks wet farts from dead pigeons.

There is, however a bright side to the case as it has progressed so far:

In a 147-page opinion issued Thursday, after a two-week trial, Judge Nelva Gonzales Ramos had said the law “creates an unconstitutional burden on the right to vote.” She noted the lack of evidence that voter fraud was a threat and cited expert testimony that about 600,000 Texans, mainly poor, black and Hispanic, lack the newly required IDs.

Judge Ramos ruled that the law was adopted “with an unconstitutional discriminatory purpose.” If her finding of intentional discrimination is upheld, it could trigger new federal oversight of Texas election procedures, something the Justice Department is seeking.

I would dearly love Texas back under DoJ pre-clearance.