Friday, August 23, 2013
The United States Department of Justice sued the State of Texas in federal court seeking to halt the state's voter ID law and to subject the state to ongoing court monitoring under the Voting Rights Act.
The case comes in response to the Texas Attorney General's announcement that the state would move to implement its restrictive voter ID law. The law, SB 14, was denied preclearance under Section 5 of the Voting Rights Act by a three-judge federal court. But the Supreme Court struck Section 5 this summer in Shelby County v. Holder, and vacated the lower federal court's denial of preclearance of SB 14 (and a federal court's denial of preclearance in another case, involving Texas redistricting plans), leaving Texas open to enforce SB 14. (Our coverage of Shelby County is here.) The state AG announced within hours of the Shelby County ruling that the state would move to enforce it. Now the Justice Department has sued to stop it.
DOJ argues that SB 14 violates Section 2 of the VRA both because it was enacted with a discriminatory intent and because it would have a discriminatory effect on the state's Hispanic population. DOJ seeks declaratory and injunctive relief, and continuing federal court monitoring of the state through a preclearance requirement under the "opt-in" provision in Section 3(c) of the VRA. (AG Holder previously announced that he'd seek an opt-in preclearance requirement for Texas in the redistricting case.)
Texas AG Greg Abbott responded to the suit in a press release and gave a glimpse of his defense--the Tenth Amendment.
Just two months ago the U.S. Supreme Court struck down federal preapproval of state election laws. The Court emphasized that the Tenth Amendment empowers states--not the federal government--to regulate elections. The Obama administration continues to ignore the Tenth Amendment and repeated Supreme Court decisions upholding states' authority to enforce voter identification and redistricting laws.