CJ Roberts On Texas Voter ID Law

The Supreme Court today declined to review the Texas voter id case, but Chief Justice Roberts suggested future review when the case is done in the lower court, and when, it is likely, there will be five conservative votes yet again on the Supreme Court:

“The Texas officials who are defendants in this lawsuit have petitioned for certiorari. Their petition asks the Court to review whether the Texas Legislature enacted SB14 with a discriminatory purpose and whether the law results in a denial or abridgment of the right to vote under §2. Although there is no barrier to our review, the discriminatory purpose claim is in an interlocutory posture, having been remanded for further consideration. As for the §2 claim, the District Court has yet to enter a final remedial order. Petitioners may raise either or both issues again after entry of final judgment. The issues will be better suited for certiorari review at that time.”

It seems likely that in this Texas case and in the North Carolina voting case (cert. petition still pending), the Court will eventually limit Section 2 of the VRA, making it harder to challenge voting restrictions laws and allowing more Republican legislatures to enact similar laws.

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