Texas Gets a Stay, Saves Voter ID for November

Legal Insurrection ^ | October 14, 2014 | Amy Miller

[2ndDivisionVet]

An en banc ruling of the Fifth Circuit has issued a stay against last Friday’s order striking down Texas voter identification laws.

The Court looked at four key factors when deciding whether or not to grant a stay pending appeal: (1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.

The first two factors are the most important, and the court focused on them when deciding to issue the stay. First, the court looked to the Supreme Court’s tendency to preserve the status quo on the eve of an election in order to protect the process from confusion and misapplication of the rules.

Here, the district court’s decision on October 11, 2014 presents similar logistical problems because it will “be extremely difficult, if not impossible,” for the State to adequately train its 25,000 polling workers at 8,000 polling places about the injunction’s new requirements in time for the start of early voting on October 20 or even election day on November 4. The State represents that it began training poll workers in mid-September, and at least some of them have already completed their training. The State also represents that it will be unable to reprint the “election manuals that poll workers use for guidance,” and so the election laws “will be conveyed by word of mouth alone.”(continued)

[nevermorelenore]

Agree

ignore the Bench
they are working to abolish all state identities, for their universal worldview

[Dilbert San Diego]

Yet when conservatives are able to pass laws which deal with any aspect of abortion, they tell us that Roe vs. Wade is settled law, and they go to court to stop the most mild of restrictions on abortion.

Seems to me that Voter ID is settled law because the Supreme Court has spoken. Shows how much I know. Apparently Supreme Court decisions are only settled law if those decisions support liberal causes.

[nevermorelenore]

Should have never given the Senate appointments by each state over to popular vote - now these fellow act like little kings and they are easily enticed

[2ndDivisionVet]

There goes Abortion Barbie’s last chance.

[2ndDivisionVet]

Some say it’s his adopted children that they’re using against him somehow.

[Boogieman]

Impossible. The case can’t even get to the SCOTUS this year, let before the election.

[ontap]

This is bad news for the cheating ass dummycrats!!!

[BobL]

“They will not, in my opinion. This stay is based mostly on timeing as the District Court ruled too close to the election.”

Agree, the hack-judge might learn a lesson here. She tried to time it perfectly, so that her ruling would make it through the election. Now she knows that higher courts can, and do, act quickly, if needed.

She won’t make that mistake again.

[originalbuckeye]

I have read it stems from the possibility that his two children who were adopted through Central America, may have been born in Ireland. Ireland does not allow adoptions outside of Ireland for Irish born children. I suspect this is due to the appalling practice, decades ago, of selling children in orphanages to wealthy foreigners. Watch the movie Philomena, and you will get the picture.

[2ndDivisionVet]

[Zhang Fei]

So...those people who don't want voter ID at the polls want us to believe that someone who can't afford transportation is somehow adversely affected by a free ID they must present to vote...at a polling place they can't afford to get to in the first place? Riiiiight.

Polling booths are ubiquitous, because they have to accommodate all comers on a single day and are typically a hop and a skip away. Getting there is seldom a problem. ID offices tend to be few and far between, because the typical license renewal period is once every seven years, and people who need to renew can do so on a rolling schedule. But you knew that.

[centurion316]

Polling booths are ubiquitous, because they have to accommodate all comers on a single day and are typically a hop and a skip away. Getting there is seldom a problem. ID offices tend to be few and far between, because the typical license renewal period is once every seven years, and people who need to renew can do so on a rolling schedule. But you knew that.

The Social Security Office, the Food Stamp Office, and the Welfare Office are few and far between. But people manage to get there in droves, no problems whatsoever. But, you know that.

[originalbuckeye]

I was upbraided on a radio call-in show about this. I kept saying ‘if the word TAX had been in the Bill it would never have passed as the Dems wouldn't have been able to run from the hefty taxes coming. It should have gone back for a revote’. The radio host kept saying ‘the SCOTUS can INTERPRET any word in any Bill however they want’. So the word 'fee' became the word TAX. Even Elena Kagan kept saying ‘it is not a tax’ during arguments. I suspect that is the main reason she is on SCOTUS. She was involved in the sleazy (and illegal) way it was passed and then was put on the SCOTUS to force it through. I am convinced she bullied Roberts into changing his vote.......apparently Roberts was on the correct side at first and, shortly before the actual vote, he switched. Never mind that it originated in the Senate and the Senate CANNOT ORIGINATE ANY TAX BILLS. What they did was take an old Bill, scrubbed everything in it and then wrote the Obamacare mess into the old Bill and passed it. The number of the Bill originated in the House so it was deemed passed legally. Even though the original Bill, with that number, had nothing to do with Health Care. What a SLEAZY group is in charge of our once great country.

[lone star annie]

They can get a mail in ballot for heavens sake. No excuses.

[IllumiNaughtyByNature]

So lets let the RATS produce a couple thousand “victims” after the election, and we can foot the bill to run background checks on EVERYONE of them and see how much welfare, WIC, Obama phones and Section 8 housing they got with no idea? The perfect trap if played right.

[centurion316]

Thread hijack alert!

[Eagles6]

Kennedy most likely, possibly Roberts. Only takes 1.

[centurion316]

This was an en banc decision by the entire 5th Circuit, including the Obama appointee. A Single Supreme Court justice is not going to issue a stay in these circumstances, we are not talking about somebody getting ready to flip the switch down at the State Pen.

[Zhang Fei]

The Social Security Office, the Food Stamp Office, and the Welfare Office are few and far between. But people manage to get there in droves, no problems whatsoever. But, you know that.

Those aren't fundamental rights, and they get compensated for their time and transportation costs. Voting is a fundamental right, and they don't get compensated.

Besides, I'd be leery of associating SS with EBT or TANF. SS is the closest thing we have to a national pension plan. You get SS by paying into it. EBT and TANF don't require any prior financial contributions from the benefit recipients. SS recipients are overwhelmingly white. Paul Ryan's broadsides against SS and Medicare probably cost Romney the 2012 election. Of course, Romney was politically inept enough to choose Ryan as his running mate, despite the obvious problems with the latter's political manifesto.

[Ancient Wonderboy]

That’s really good news, but on the same day the courts fucked Idaho and forced the continuation of baby murder in Texas. Overall, not a great day.