A three-judge panel of the U.S. Fifth Circuit Court of Appeals in New Orleans today heard oral arguments for the State of Texas' appeal of U.S. Southern District Court Judge Nelva Gonzales Ramos' decision to block Texas' photo I.D. law. After a two-week trial on the constitutionality of Texas' photo I.D. law in September 2014, Judge Ramos struck down Texas' voter photo I.D. law with a 147-page finding issued on October 9, 2014. Judge Ramos found the law had been adopted “with an unconstitutional discriminatory purpose,” created “an unconstitutional burden on the right to vote” and amounted to a poll tax. The state of Texas petitioned the Fifth Circuit Court to stay Judge Ramos' order, pending appeal, which proceeded today.The stay was granted and the law remains in effect, pending the Fifth Circuit's decision on the appeal.
The 2011 SB14 law reduced the types of identification documents voters can show to vote from fourteen down to one of just seven types of photo identification documents. Four are available from the Texas Department of Public Safety — driver’s licenses, personal IDs, concealed-handgun permits, and election identification certificates. Federally issued passports, citizenship certificates and military IDs also are acceptable.
The Texas photo voter I.D. lawsuit is unique among legal challenges to similar voter I.D. laws adopted by other states, because Federal District Judge Ramos found evidence of intentional racial discrimination by Texas Republican legislators in drafting the SB14 voter I.D. legislation in 2011.
The full Fifth U.S. Circuit Court of Appeals is one of the most conservative in the nation. The three-judge panel who will rule on the appeal is composed of: Chief Judge Carl Stewart, appointed by President Bill Clinton; Judge Catharina Haynes, appointed by President George W. Bush; and Judge Nannette Brown, appointed by President Barack Obama.
Two lawyers representing Plaintiffs’ in the case today gave oral arguments to the three-judge panel in support of Judge Ramos' finding. Arguing for Judge Ramos' decision were Erin Flynn with the U.S. Justice Department, and Chad Dunn, representing the lead plaintiffs in the Texas case — U.S. Rep. Marc Veasey (D-Fort Worth) and the League of United Latin American Citizens. Scott Keller of the Texas Solicitor General's Office argued against Judge Ramos' finding, defending Texas' voter I.D. law.
Keller and the Plaintiffs’ lawyers were allowed 20 minutes to present oral arguments for their sides of case. The three-judge panel followed up by questioning the lawyers on their positions.
