As has been widely reported today, the 5th Circuit did what Professor Hasen and others had pessimistically expected. Citing Purcell v. Gonzalez, the appellate court stayed the injunction issued in Veasey v. Perry because of the nearness of the election. The plaintiffs have appealed the 5th Circuit’s order to the U.S. Supreme Court, where one hopes that common sense will prevail. I would remind the Justices that Texas is about to violate the U.S. Constitution and federal law yet again, as it has for the last three elections.
Justin Levitt’s editorial on this issue is spot-on – only the most disingenuous argument could support the idea that imposition of the Texas voter i.d. law is called for to save the poor voters from confusion because early voting starts up on the 20th, especially when one considers how easily the State transitioned into the prior law when preclearance was denied close to the November election back in 2012, and how quickly the State implemented the 2011 picture i.d. law after the Supreme Court issued its decision in Shelby County v. Holder.
In the latter case, as you will recall, the State announced immediate implementation of the law less than two hours after the decision came out.
Since fairness might be too shocking and upsetting to Texas voters so inured to hardship, the Secretary of State has also announced the cancellation of previously-scheduled mobile voter i.d. stations. (To be fair, these cancellations are almost certainly the result of bureaucratic incompetence, rather than actual malice).