It is starting to looking like Texas may be intentionally setting up the U.S. Department of Justice (USDOJ) to reject the state's new voter photo identification law, by ignoring the USDOJ's September request for information about Texas' minority voters. The USDOJ said it needs that minority voter information to determine whether their new voter photo ID law would be discriminatory.
On November 16, USDOJ Civil Rights Division Voting Section Chief T. Christian Herren Jr. sent a letter to the Texas Secretary of State's office reminding the state that it had not yet sent the minority voter information that the USDOJ requested in September. As of today, December 5th, Texas has still not sent the minority information the USDOJ requested in September.
If Texas does not send the requested minority voter information, the USDOJ likely will turndown Texas' request to preclear its new voter photo ID law. Texas will then appeal the USDOJ's decision to the Supreme Court of the United States, where the DOJ's decision very well could be over turned.
The Supreme Court of the United States (SCOTUS) ruled 6-3 in its 2008 Indiana Democratic Party v. Rokita decision (findlaw) that Indiana's 2005 strict voter photo ID law is constitutional. Texas' voter photo ID law is nearly identical to Indiana's voter photo ID law.
After hearing arguments of voter disenfranchisement, which were nearly identical to arguments that opponents of Texas' 2011 photo ID law have made to the USDOJ over the last three months, Justices Stevens, Roberts, Kennedy, Scalia, Thomas and Alito said in their 2008 majority opinion that those arguments do not provide concrete proof that Indiana's photo ID law constitutes either a burden to voting or an intentional discriminatory barrier to voting. The majority opinion further said that states have a “valid interest in protecting ‘the integrity and reliability of the electoral process.’” (AP story)