769 F.3d 890 (5th Cir. 2014), 14-41127, Veasey v. Perry

Docket Nº:14-41127
Citation:769 F.3d 890
Opinion Judge:EDITH BROWN CLEMENT, Circuit Judge:
Party Name:MARC VEASEY; JANE HAMILTON; SERGIO DELEON; FLOYD CARRIER; ANNA BURNS; MICHAEL MONTEZ; PENNY POPE; OSCAR ORTIZ; KOBY OZIAS; LEAGUE OF UNITED LATIN AMERICAN CITIZENS; JOHN MELLOR-CRUMLEY; DALLAS COUNTY, TEXAS, Plaintiffs - Appellees, v. RICK PERRY, in his Official Capacity as Governor of Texas; NANDITA BERRY, in her Official Capacity as Texas Secreta
Attorney:For Marc Veasey, Jane Hamilton, Sergio Deleon, Floyd Carrier, Anna Burns, Michael Montez, Penny Pope, Oscar Ortiz, Koby Ozias, League of United Latin American Citizens, John Mellor-Crumley, Dallas County, Texas, Plaintiffs - Appellees: Chad Wilson Dunn, Esq., Brazil & Dunn, Houston, TX; J. Gerald...
Judge Panel:Before CLEMENT, HAYNES, and COSTA, Circuit Judges. GREGG COSTA, Circuit Judge, concurring in the judgment. GREGG COSTA, Circuit Judge, concurring in the judgment:
Case Date:October 14, 2014
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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769 F.3d 890 (5th Cir. 2014)

MARC VEASEY; JANE HAMILTON; SERGIO DELEON; FLOYD CARRIER; ANNA BURNS; MICHAEL MONTEZ; PENNY POPE; OSCAR ORTIZ; KOBY OZIAS; LEAGUE OF UNITED LATIN AMERICAN CITIZENS; JOHN MELLOR-CRUMLEY; DALLAS COUNTY, TEXAS, Plaintiffs - Appellees,

TEXAS ASSOCIATION OF HISPANIC COUNTY JUDGES AND COUNTY COMMISSIONERS, Intervenor Plaintiffs - Appellees

v.

RICK PERRY, in his Official Capacity as Governor of Texas; NANDITA BERRY, in her Official Capacity as Texas Secretary of State; STATE OF TEXAS; STEVE MCGRAW, in his Official Capacity as Director of the Texas Department of Public Safety, Defendants - Appellants;

UNITED STATES OF AMERICA, Plaintiff - Appellee,

TEXAS LEAGUE OF YOUNG VOTERS EDUCATION FUND; IMANI CLARK, Intervenor Plaintiffs - Appellees

v.

STATE OF TEXAS; NANDITA BERRY, in her Official Capacity as Texas Secretary of State; STEVE MCGRAW, in his Official Capacity as Director of the Texas Department of Public Safety, Defendants - Appellants;

TEXAS STATE CONFERENCE OF NAACP BRANCHES; MEXICAN AMERICAN LEGISLATIVE CAUCUS, TEXAS HOUSE OF REPRESENTATIVES, Plaintiffs - Appellees

v.

NANDITA BERRY, in her Official Capacity as Texas Secretary of State; STEVE MCGRAW, in his Official Capacity as Director of the Texas Department of Public Safety, Defendants - Appellants;

LENARD TAYLOR; EULALIO MENDEZ, JR.; LIONEL ESTRADA; ESTELA GARCIA ESPINOSA; MARGARITO MARTINEZ LARA; MAXIMINA MARTINEZ LARA; LA UNION DEL PUEBLO ENTERO, INCORPORATED, Plaintiffs - Appellees

v.

STATE OF TEXAS; NANDITA BERRY, in her Official Capacity as Texas Secretary of State; STATE OF TEXAS; STEVE MCGRAW, in his Official Capacity as Director of the Texas Department of Public Safety, Defendants - Appellants

No. 14-41127

United States Court of Appeals, Fifth Circuit

October 14, 2014

Appeal from the United States District Court for the Southern District of Texas.

For Marc Veasey, Jane Hamilton, Sergio Deleon, Floyd Carrier, Anna Burns, Michael Montez, Penny Pope, Oscar Ortiz, Koby Ozias, League of United Latin American Citizens, John Mellor-Crumley, Dallas County, Texas, Plaintiffs - Appellees: Chad Wilson Dunn, Esq., Brazil & Dunn, Houston, TX; J. Gerald Hebert, Esq., Alexandria, VA.

For United States of America, Plaintiff - Appellee: Anna Baldwin, U.S. Department of Justice, Washington, DC; Diana Katherine Flynn, Robert Acheson Koch, U.S. Department of Justice, Civil Rights Div - Appellate Section, Washington, DC; Erin Helene Flynn, Esq., U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC; John Albert Smith III, Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Corpus Christi, TX.

For Imani Clark, Texas League of Young Voters Education Fund, Intervenor Plaintiffs - Appellees: Leah Camille Aden, Esq., Natasha M. Korgaonkar, Esq., Christina Swarns, Legal Defense & Educational Fund, Inc., New York, NY.

For Texas Association of Hispanic County Judges And County Commissioners, Intervenor Plaintiff - Appellee: Rolando Leo Rios I, Esq., Law Office of Rolando L. Rios, San Antonio, TX.

For Mexican American Legislative Caucus-Texas House of Representatives, Intervenor Plaintiff - Appellee: Preston Edward Henrichson, Esq., Law Offices of Preston Henrichson, P.C., Edinburg, TX; Rolando Leo Rios I, Esq., Law Office of Rolando L. Rios, San Antonio, TX.

For Texas State Conference of Naacp Branches, Plaintiff - Appellee: Vishal Agraharkar, Jennifer Clark, New York University, Brennan Center for Justice, New York, NY.

For Estela Garcia Espinosa, Lionel Estrada, La Union Del Pueblo Entero, Incorporated, Margarito Martinez Lara, Maximina Martinez Lara, Eulalio Mendez, Jr., Lenard Taylor, Plaintiffs - Appellees: Jose Garza, San Antonio, TX.

For RICK PERRY, in his Official Capacity as Governor of Texas, State of Texas, STEVE MCGRAW, in his Official Capacity as Director of the Texas Department of Public Safety, Defendants - Appellants: Adam Warren Aston, John Barrett Scott, Office of the Attorney General for the State of Texas, Austin, TX; Arthur Cleveland D'Andrea, Office of the Attorney General, Office of the Solicitor General, Austin, TX.

For NANDITA BERRY, in her Official Capacity as Texas Secretary of State, Defendant - Appellant: Arthur Cleveland D'Andrea, Office of the Attorney General, Office of the Solicitor General, Austin, TX; John Barrett Scott, Office of the Attorney General for the State of Texas, Austin, TX.

Before CLEMENT, HAYNES, and COSTA, Circuit Judges. GREGG COSTA, Circuit Judge, concurring in the judgment.

OPINION

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EDITH BROWN CLEMENT, Circuit Judge:

Early voting in Texas begins on Monday, October 20. On Saturday, October 11--just nine days before early voting begins and just 24 days before Election Day--the district court entered a final order striking down Texas's voter identification laws. By this order, the district court enjoined the implementation of Texas Senate Bill 14 (" SB 14" ) of the 2011 Regular

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Session, which requires that voters present certain photographic identification at the polls. The district court also ordered that the State of Texas (" State" ) instead implement the laws that were in force before SB 14's enactment in May of 2011. Based primarily on the extremely fast-approaching election date, we STAY the district court's judgment pending appeal.

I.

SB 14 was signed into law on May 27, 2011, and its voter identification requirements became effective on January 1, 2012. 2011 Tex. Sess. Law Serv. Ch. 123 (West) (S.B. 14). These requirements have been implemented in at least three prior elections.

On June 26, 2013, this lawsuit challenging SB 14 was filed. On Thursday, October 9, 2014 the district court foreshadowed its ultimate judgment, issuing an opinion saying that it intended to enjoin SB 14. The lengthy, 143-page opinion followed a nine-day bench trial. The...

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