[EL] SCOTUS Texas order

Rick Hasen rhasen at law.uci.edu
Fri Apr 29 08:34:49 PDT 2016


    Breaking: #SCOTUS Denies Emergency Relief in Texas Voter ID Case,
    But Signals Full Decision in Time for November Elections
    <http://electionlawblog.org/?p=82423>

Posted onApril 29, 2016 8:33 am 
<http://electionlawblog.org/?p=82423>byRick Hasen 
<http://electionlawblog.org/?author=3>

The Supreme Court has just issuedthis order: 
<http://electionlawblog.org/wp-content/uploads/Order-on-Veasey-stay-request-4-29-15.pdf>

    The application to vacate the stay entered by the United States
    Court of Appeals for the Fifth Circuit on October 14, 2014,
    presented to Justice Thomas and by him referred to the Court is
    denied. The Court recognizes the time constraints the parties
    confront in light of the scheduled elections in November, 2016. If,
    on or before July 20, 2016, the Court of Appeals has neither issued
    an opinion on the merits of the case nor issued an order vacating or
    modifying the current stay order, an aggrieved party may seek
    interim relief from this Court by filing an appropriate application.
    An aggrieved party may also seek interim relief if any change in
    circumstances before that date supports further arguments respecting
    the stay order.

This is full application of thePurcell Principle 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2545676>in action: 
giving the 5th Circuit a time frame so that the issue can be resolved 
when it is not the last minute before the election.

I was very, very skeptical of the benefits of this emergency order, but 
putting the 5th Circuit on a set schedule prevents not only dawdling but 
intentional foot-dragging so as to allow the law to remain in effect for 
the November election. So this is a bit of good news for opponents of 
Texas’s law.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,voter id 
<http://electionlawblog.org/?cat=9>,Voting Rights Act 
<http://electionlawblog.org/?cat=15>

-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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