Drudge Retort: The Other Side of the News

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Wednesday, July 20, 2016

Election Law Blog: The 5th Circuit, issued an opinion holding that Texas's voter identification law, one of the strictest in the country, violates section 2 of the Voting Rights Act. The bottom line is that the majority of the 5th Circuit has done what the panel opinion had originally held: there is a remand on the question whether Texas acted with a discriminatory purpose, but there is enough evidence of a discriminatory effect so as to render the Texas id law a Voting Rights Act violation. But, and this is a big but, the remedy is not going to be to strike the Texas voter id law as a whole, but instead to fashion some kind of relief that give people who have a reasonable impediment to getting an ID the chance to get one.

Friday, May 20, 2016

The U.S. Supreme Court denied relief Thursday to a Dominican man seeking to cancel his deportation over an attempted-arson conviction.
Jorge Luna Torres was a lawful permanent resident of the United States when a New York court convicted him in 1999 of third-degree attempted arson.
Though he served just one day in prison, U.S. immigration officials sought to deport Luna on the basis of this conviction seven years later.
A judge then found that Luna's conviction constituted an "aggravated felony," and denied him cancellation of removal. read more

Friday, May 13, 2016

On January 20, 2017, Chief Justice John Roberts will administer the oath of office to the 45th president: "I do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States." Donald Trump is utterly unqualified to keep this solemn pledge to our most fundamental law. We know this because in winning the nomination, Trump has already promised that he will knowingly break the law and violate the Constitution.

Thursday, May 12, 2016

The fire that led to a deadly explosion at a West, Texas, fertilizer plant three years ago was deliberate, the Bureau of Alcohol, Tobacco, Firearms and Explosives said Wednesday. The blast devastated the Texas town of West in April 2013 and killed 15 people -- including 12 first responders. The plant exploded with such force it caused a magnitude-2.1 earthquake and left a crater 93 feet wide and 12 feet deep.

Saturday, April 30, 2016

President Barack Obama on Friday announced new efforts to speed up development of so-called smart guns, the latest step in his final-year push to reduce gun violence. Obama also announced the administration is publishing a proposed rule that would ensure that federal mental health records held by the Social Security Administration are included in gun background check systems. Smart guns are weapons that use technological safety features designed to prevent accidental shootings, such as fingerprint activation that allows only designated users to fire the gun. The Obama administration is developing guidelines so that gun manufacturers understand how they can meet law enforcement agencies' needs for smart guns.


... my original intent was to show the type of legislation Mike Pence is in favor of.

Yet the article says nothing of Pence nor does the date of enactment.


Since the legislature enacted the feticide statute in 1979, it has been used to prosecute third parties who knowingly terminate pregnancies by using violence against the expectant mother without her consent.

Advocates Applaud Indiana Reversal on Purvi Patel Feticide Case
NBCNews.com‎ - 2 days ago

Probably should have looked into updates on the 17 month old article.

Make one.


An applicant for an election identification certificate must provide documents satisfactory to the department. All documents must be verifiable.
(1) An original applicant for an election identification certificate must present:

(A) One piece of primary identification;

(B) Two pieces of secondary identification; or

(C) One piece of secondary identification plus two pieces of supporting identification. texreg.sos.state.tx.us$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=37&pt=1&ch=15&rl=182

Just substitute "student ID" for "election identification certificate."

It was clear to the original District Court...

Yes, a determination that is reversed and remanded "[b]ecause the district court relied upon evidence we conclude is infirm..." IOWs, she got it wrong and gets a do over with explicit instructions.

So they have had to be forced to comply with the spirit of these amendments...

Yes, the district court will fashion a softening remedy that keeps the fundamentals of the law in effect. In the words of the Fifth Circuit, "[t]he district court must ensure that any remedy enacted ameliorates SB 14's discriminatory effect, while respecting the Legislature's stated objective to safeguard the integrity of elections by requiring more secure forms of voter identification." That will not likely include disrupting the current free ID system or require accepting student IDs both of which are beyond the scope of the remand.

The interesting question is what remedy the district court will fashion. Will the remedy be more or less than the affidavit of eligibility imposed in WI yesterday?

Either way, the district court should move quickly if she wants the remedy to apply to the upcoming elections.

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