A unanimous panel of the 5th U.S. Circuit Court of Appeals ruled today that Texas’ voter ID law violated Section 2 of the Voting Rights Act, finding that the law had a discriminatory impact on minorities.
Election law expert Rick Hasen, who has analysis in progress here, calls the ruling on Section 2 grounds a ‘big win” for plaintiffs.
The 5th Circuit adopted the two part “vote denial” test for Section 2 claims used by the 4th and 6th circuits (which is probably the standard that the trial court in the North Carolina voter id case will apply). Applying the test, the 5th Circuit affirmed the trial court’s finding of a Section 2 violation. It upheld the finding that the law will have a discriminatory impact on minority voters—that is, minority voters are disproportionately likely to lack one of the types of ID which are allowed under Texas law. Then, [the court] found enough evidence to sustain a finding that [the law] “produces a discriminatory result that is actionable because [it] . . . interact[s] with social and historical conditions in Texas to cause an inequality in the electoral opportunities enjoyed by African-Americans and Hispanic voters.” Particularly interesting in this analysis is the question whether Texas’s explanations for why it needed its law (antifraud, voter confidence) were tenuous. The trial court found that they were because the evidence did not support the need for voter id for either of these purposes, and this factor worked in favor of finding of a Section 2 violation.
Read the full decision here.