Another Texas-Sized Problem

If Ryan J. Reilly's report from the oral arguments in the federal case involving Texas's voter ID law is any indication, the three-judge federal panel is about to smack the Lone Star State down, big time.

The panel of federal judges — Bush nominee Rosemary M. Collyer, Clinton nominee David S. Tatel and Obama nominee Robert L. Wilkins — hopes to issue a ruling on the case in “short order,” according to Collyer, who expressed doubts about the findings of Texas’ experts in the case.

John Hughes, a lawyer for Texas, argued in his closing arguments that people who want to vote already have an ID or can easily get it. Hughes argued that if the state’s voter ID law really disenfranchised anyone the D.C. “courtroom would be filled” with Texans who couldn’t obtain voter ID.

In one of the more awkward exchanges, Hughes offered a semi-defense of literacy tests after one judge said that the reason literacy tests were racist years ago was because of inequalities in the education system. The judge asked if it was Texas’ theory that there would be a problem with literacy tests today. Setting aside other laws banning literacy tests and poll taxes, Hughes said he did not believe a literacy test would violate Section 5 of the Voting Rights Act.

When a judge noted that some voters would have to travel 120 miles to the nearest DMV to obtain a voter ID, Hughes argued that people in those areas had to travel “long distances to do any number of things.” The judge pointed out that people who live more than 100 miles from a courtroom aren’t even allowed to be subpoenaed because it is “unduly burdensome,” but Hughes argued that traveling far distances was a “reality to life of choosing to live in that part of Texas.”

The panel of judges were also highly critical of how Texas handled discovery during the case, pointing out that they did not request federal records about what Texas residents had forms of federal identification, such as passports. (Texas was making the case that many individuals who did not have a Texas drivers license might have a federal form of ID.)

Oops.  Looks like the judges aren't buying the argument, absolutely none of it in fact.  Considering the timeframe of this case (the state has argued it has to have a decision on this case by August 31), Texas will almost certainly invoke the Supremes should they lose here...but SCOTUS is between terms right now. Not sure how that would work, even.  An emergency appeal?

We'll see.  Either way in fact I would argue SCOTUS will get involved in what could be a huge ruling before November.