Federal Court Denies Motion to Dismiss DoJ’s Lawsuit Against TX Polling Place Photo ID Law

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Via UC Irvine election law professor Rick Hasen…

Thanks to a reader for pointing out last week’s district court order [PDF] in the Texas voter id case. The court mostly denied Texas’s motion to dismiss, even allowing claims to go forward at this point on voter id as a poll tax and as a First Amendment violation. That’s not to say these will be winning claims, but it is significant that plaintiffs will get to advance a number of federal theories against the id law.

So there’s some encouraging news to start your day.

For much more on the pending federal challenge to the TX Republicans’ attempt to institute their disenfranchising polling place Photo ID restriction — a law which had otherwise been repeatedly rejected as discriminatory by both the DoJ and federal courts until SCOTUS gutted the central protections of the Voting Rights Act last year — see just some of our recent previous coverage here:

“Wisconsin Federal Court Decision Could Mark Beginning of End For GOP Photo ID Restrictions” (5/2/2014)

“Federal Judge Orders TX to Produce Legislative Docs That May Prove Polling Place Photo ID Restriction Law Was Racially-Motivated” (4/7/2014)

“Texas GOP’s Polling Place Photo ID Law Almost Certain to Get Nixed. Again. Here’s Why…” (9/4/2013)

“Texas AG Defrauds Texas in Response to DoJ Lawsuit Against Polling Place Photo ID Law” (8/23/2013)

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Federal Court Denies Motion to Dismiss DoJ’s Lawsuit Against TX Polling Place Photo ID Law

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    Ernest A. Canning said on 7/9/2014 @ 9:06am PT: [Permalink]

    Judge Nelva Gonzales Ramos’ July 2, 2014 Order on Motions to Dismiss [PDF] was substantively significant.

    Her Honor expressly rejected the state’s contention that the Supreme Court, in Crawford had approved “voter identification laws.” In mildly describing the state’s position as an “overstatement” she offered up the precise reading of Crawford that this site described in Wisconsin Federal Court Decision Could Mark the Beginning of End for GOP Photo ID Restrictions and in Texas GOP’s Polling Place Photo ID Law Almost Certain to Get Nixed. Again. Here’s Why.

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