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Wed Mar 14, 2012, 07:49 PM

State of Texas seeks to Challenge Constitutionality of Section 5 of the Voting Rights Act [View all]

The constitutionality of Section 5 of the Voting Rights Act may be headed to the SCOTUS. There is one case before the DC Circuit involving Shelby County that is challenging the constitutionality of Section 5 of the Voting Rights Act and now the State of Texas is seeking permission to amend its lawsuit on the voter ID case to challenge Section 5. http://txredistricting.org/post/19303983519/texas-goes-big-on-section-5-makes-the

The State of Texas is seeking permission from the three-judge panel in the voter ID case to file an amended complaint that would directly challenge the constitutionality of section 5 of the Voting Rights Act.

The amended complaint told the court in the introduction that, as an alternative grounds for relief, “the State of Texas seeks a declaration that section 5, as most recently amended and reauthorized by the Voting Rights Act Reauthorization and Amendments Act of 2006, exceeds the enumerated powers of Congress and conflicts with Article IV of the Constitution and the Tenth Amendment.”

With the filing, Texas now moves to the forefront, along with the Shelby County case out of Alabama, in re-raising the constitutional issue after the high court’s 2009 decision to punt the issue. However, because Texas’ case, unlike the Shelby County case, involves a three-judge panel, appeals from the case would go directly to the Supreme Court. That means Texas’ case has the potential for getting to the Supreme Court first, depending on how the timing works out. (Shelby County was argued in late January at the D.C. Circuit and is pending decision.)


The DOJ knew that this was a risk when the DOJ objected to the Texas voter suppression law and I hope that the DOJ is able to defend the constitutionality of Section 5. Objecting to the Texas Voter id law was the correct decision by the DOJ and I hope that the SCOTUS does not use this decision as an excuse to declare Section 5 unconstitutional

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Reply State of Texas seeks to Challenge Constitutionality of Section 5 of the Voting Rights Act [View all]
Gothmog Mar 2012 OP
muntrv Mar 2012 #1
railsback Mar 2012 #2
AndyTiedye Mar 2012 #3
Lone_Star_Dem Mar 2012 #6
sonias Mar 2012 #4
sonias Mar 2012 #5