[EL] 5th Cir. stays lower court
Doug Spencer
dougspencer at gmail.com
Fri Oct 30 17:34:35 PDT 2020
What was temporary is now permanent: the 5th Cir. has stayed Judge
Pulliam's order mandating masks at polling places in Texas pending an
appeal on the merits (Judge Pulliam held earlier this week that Gov.
Abbott's exception to mask wearing at the polls violated the Voting Rights
Act because of the disproportionate health impacts on Black and Latinx
voters).
The opinion is heavy on *Purcell, *quoting a state election official that
"there is not enough time to effectively re-train, re-education, and
re-advise" poll workers about enforcing a mask mandate.
To Vlad's earlier point, the panel did not engage in any kind of
Anderson-Burdick balancing. The only interest the panel recognized was the
public's interest in law enforcement.
Doug
[image: Screen Shot 2020-10-30 at 6.34.21 PM.png]
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