Issues

Disparate impact strikes again in Texas voter ID case

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The 5th Circuit Court of Appeals has ruled against Texas voter ID law SB 14 on the bases of disparate impact to minority groups. The ruling affirms “the district court’s holding that SB 14 was passed with a discriminatory purpose in violation of the Fourteenth and Fifteenth Amendments and Section 2 of the Voting Rights Act.”

The Texas law requires voters to present a state driver’s license, personal identification card or concealed handgun license, a military identification card, or a U.S. passport or citizenship certificate. In the ruling, the state defended the law as “as a constitutional requirement imposed to prevent in-person voter fraud and increase voter confidence and turnout.”

Of which, there is absolutely a compelling state interest. That was what the Supreme in 2008 through Crawford v. Marion County Election Board which ruled that “The application of the statute to the vast majority of Indiana voters is amply justified by the valid interest in protecting the integrity and reliability of the electoral process.”

Previously, when Texas allowed student IDs, government worker IDs, and utility bills to be used as a form of ID during voting, the state ran the substantial risk of non-citizens entering the electoral process. In fact as Daniel Horowitz of the Conservative Review writes “Texas has about 4.5 million immigrants, including over 1.7 million illegal aliens,” citing a 2016 Pew Research analysis and a 2014 analysis by the Washington Post explaining more than 14 percent of all non-citizens are illegally registered to vote.

Indiana successfully represented its need based on several thousands of “voters” who had moved, died or were otherwise not eligible. Texas has the potential for millions of illegal immigrants voting in their state.

But Judge Catharina Haynes, of the 5th Circuit disagreed with the Supreme Court. Claiming “Ballot integrity is undoubtedly a worthy goal…The record shows that drafters and proponents of SB 14 were aware of the likely disproportionate effect of the law on minorities, and that they nonetheless passed the bill without adopting a number of proposed ameliorative measures that might have lessened this impact.”

The 5th Circuit thus directly contradicts the states’ duty to maintain the fair election process based on a fear of a law being seen as racist.

However, the consistent dilemma with disparate impact theory is the assumption that if a law affects a single race more significantly, the law must be racist.

The justice system is built on a color-blind burden of proof, but by disallowing a law simply because it affects one group ignores all other contributing factors. For example, it is impossible to separate the illegal immigrant population from being prominently Hispanic — that is primarily due to the geographic proximity of Hispanic populations to Texas and the U.S. generally speaking.

The purpose is to prevent non-citizens from voting, but at least 74 percent of non-citizens happen to be from Mexico, El Salvador, Guatemala, Honduras, and Ecuador alone,according to data compiled by the Department of Homeland Security. However, the law also aims at preventing Asian, European, and other international non-citizens from voting as well, it works to prevent all non-citizens, not a single group.

By contradicting the Supreme Courts precedent, the Firth Circuit weakens the ability of the state of Texas to combat an extreme problem growing within their borders, a problem which the state is meant to solve. Once again, disparate impact works against the ability for justice to be delivered in a color blind fashion rather than promoting equality.

But perhaps the most fearful reality is that the decision will likely not be appealed again in time for the November election, as predicted by the Wall Street Journal of July, 20. The appellate court has thus urged for the District Court to assist in providing an interim remedy to for the state of Texas, absolving the state of all control of their electoral process.

If Hillary Clinton wins the presidential election and appoints a new Supreme Court Justice, the precedent of Crawford v. Marion County Election Board which upholds states’ rights could be erased completely. The constitution allows states to control their electoral process, the Supreme Court should ensure the state is doing their job, not prevent it.

This is a guest post by Natalia Castro contributing editor at Americans for Limited Government.
  • disqus_BAvz0LV7zw

    RNC must be very vigilant this 2016 election concerning election fraud. We must preserve the integrity of the election process. If not our election process violates the constitution. It was reported and proven that during the 2008 and 2012 elections, have rampant election fraud committed by the democrat party. Acorn in Florida, Nevada, and other states have launched thousands of agents to register several times for each voters. They have contest who made the most registered voters. It was also reported that the democrats provided busses to voters and transported them county to another, or even states to another. Acorn registered and voted for old folks homes in various countries, states, and cities. They voted for the old folks and required them to sign, though the old folks didn’t know who they voted for. In Philadelphia, PA, Black Panthers blocked Republican voters from entering the precincts to vote. It was also reported that many dead people have cast votes. It was also reported that illegal aliens were able to cast votes. It was reported in Nevada that the voting machines manufactured by Soros and calibrated by union personnel, cast votes for democrats even when the voters voted for Republicans.
    So in this 2016 election, Republicans must be vigilant in order to provide integrity to our electoral process. Otherwise the corrupt democrats will steal again the election.

    • Elaine Morris

      I don’t have a word to add. You said it all.

      Thank you!!

  • Liberal judges know what’s best. Only follow the Surprems when they agree. Once the new administration is seated they can begin impeaching these far left judges. I offered another solution in REVOLUTION 2016: Take Back America From the book:

    Mississippi’s attorney general ignored the lawsuit and did not
    appear at the hearing. Instead, a county sheriff accompanied by twenty deputies entered the hearing room in the federal courthouse. After informing the judge conducting the preliminary hearing the state didn’t recognize his authority, the sheriff took the judge into custody and drove him to the state’s northern border. Marching the furious judge to the state line, the sheriff used his large, right foot to boot him out of Mississippi.

    Learning of the insult, [Attorney General] Helder went ballistic.

    • Elaine Morris

      I am proud for that County Sheriff.
      He did the legal and correct thing!

  • I offered a solution in REVOLUTION 2016:Take Back America. From the book:

    Mississippi’s attorney general ignored the lawsuit and did not
    appear at the hearing. Instead, a county sheriff accompanied by twenty deputies entered the hearing room in the federal courthouse. After informing the judge conducting the preliminary hearing the state didn’t recognize his authority,
    the sheriff took the judge into custody and drove him to the state’s northern border. Marching the furious judge to the state line, the sheriff used his large, right foot to boot him out of Mississippi.

    Learning of the insult, [Attorney General] Helder went ballistic.

    • Elaine Morris

      As you know, I am sure..we have an ILLEGALS problem here in Texas. Our Governor, Abott: VERY HIGH FINES if you house or hire and Illegal.
      A Liberal Judge shot it down. I wrote to my Gov. and told him to get that man (“the Judge”) thrown off the bench.
      It has ALWAYS been Illegal here in Texas to hire or house an Illegal. The law wasn’t overturned. The law has been ignored.
      We are sick of it.

      These people INVADED A NATION.
      When you have time, go to any search engine: “What happens to someone who moves to Mexico without permission?”

    • Bobo Brazil

      How come I can’t find this on Google?

  • Clete Tacker

    I’m not a “brilliant” circuit judge or anything like that but, I can’t help but wonder, if our election process doesn’t call for ID for the purpose of voting, how in the world are they going to even know who is and is not supposed to be voting? Just more liberal insanity. I do also realize that liberal democrats can’t win by telling the truth about what they really want for the country and they they undoubtedly need the ILLEGAL votes.

    • Elaine Morris

      I am a Native Texan….The Illegals and any foreign person should NEVER be allowed to vote. WE have far too many Illegals in Texas. They vote Democrat for the most part…you know…politicians who give out the freebies.

  • NowYouKnow

    Texas should have demanded the same ID that poor people use to enter the nearest Social Security Office, the ID they needed to get food stamps, the ID they needed to cash their earned income check, the same ID they needed at every medical facility in the country, and on and on and on.

    • Elaine Morris

      I don’t want the Illegals here in Texas voting at all. IT IS NOT LEGAL since they invaded a country vs. the legal way.

      Besides that…they would tend to vote for Democrats that GIVE out the Freebies.

    • Elaine Morris

      Besides that…it has NOTHING TO DO WITH being against or cheating Minorities.
      They only need to be a U.S. Citizen.

    • Elaine Morris

      ILLEGALS INVADED TEXAS. They are NOT American Citizens.

  • Elaine Morris

    Being born and raised in Texas, I was worried because we do have a massive amount of Illegals. So? I did a little research:
    Excerpts:
    Judge Andrew Hanen issued a ruling against Obama’s directive for DHS to stop deportation procedures against illegals. His 123-page opinion states clearly that the DHS was not given any ‘discretion by law’ to grant 4.3 million removable aliens ‘legal presence.'” Judge Hanen wrote, “In fact, the law mandates that these illegally-present individuals be removed.”
    —–
    …while it is illegal for anyone not a US citizen to vote in US elections, under severe penalties, the Democrats hope that enough fraudulent votes will be cast to create overwhelming confusion to electoral outcomes as to make corrections a prohibitively expensive and drawn out process.
    —–
    Add to that the fact that through massive voter fraud from refugees granted asylum, visa recipients, states issuing driver’s licenses and ID cards to illegals and the Supreme Court decision that nobody needs to show proof-of-citizenship when registering to vote and when casting a vote, especially by mail-in ballot, the votes of legitimate American citizens could be permanently nullified.

    ​There seems to be only one solution on the horizon if the states themselves will act. The state legislatures of Florida, Georgia, Mississippi, Alabama, Louisiana, Texas, New Mexico, Arizona and any Republican majority northern states must pass 
legislation making it a state crime for any non-citizen to vote in any election held in that state, violations to be punishable by five years and a $100,000.00 fine.
 If the states can’t check their citizenship when they register there is nothing to stop the states from checking afterwards.​

    http://eaglerising.com/21377/can-the-illegal-vote-in-2016-be-stopped/

  • I-RIGHT-I

    These judges can be impeached and it would be prudent to profile every sitting federal judge in this state and pull the jackets of the usual suspects.

  • alpambuena

    why does eeveryone assume that minorties cannot get IDs….? to be a welfare rat I would think that you would at least have some form of ID….but then again maybe not. minorities do not have problems getting drugs, booze or guns….so why would any identification be that hard….the fake ID black market is alive and well….no excuse except that the democrat party want as many people voting for them with or without IDs…legal or illegal.

    • Bobo Brazil

      why does eeveryone assume that minorties cannot get IDs….?

      For the same reason everyone assumes in-person voter fraud exists.

  • Elaine Morris

    Excerpts:
    Judge Andrew Hanen issued a ruling against Obama’s directive for DHS to stop deportation procedures against illegals. His 123-page opinion states clearly that the DHS was not given any ‘discretion by law’ to grant 4.3 million removable aliens ‘legal presence.'” Judge Hanen wrote, “In fact, the law mandates that these illegally-present individuals be removed.”
    —–
    …while it is illegal for anyone not a US citizen to vote in US elections, under severe penalties, the Democrats hope that enough fraudulent votes will be cast to create overwhelming confusion to electoral outcomes as to make corrections a prohibitively expensive and drawn out process.
    —–
    Add to that the fact that through massive voter fraud from refugees granted asylum, visa recipients, states issuing driver’s licenses and ID cards to illegals and the Supreme Court decision that nobody needs to show proof-of-citizenship when registering to vote and when casting a vote, especially by mail-in ballot, the votes of legitimate American citizens could be permanently nullified.

    ​There seems to be only one solution on the horizon if the states themselves will act. The state legislatures of Florida, Georgia, Mississippi, Alabama, Louisiana, Texas, New Mexico, Arizona and any Republican majority northern states must pass 
legislation making it a state crime for any non-citizen to vote in any election held in that state, violations to be punishable by five years and a $100,000.00 fine.
 If the states can’t check their citizenship when they register there is nothing to stop the states from checking afterwards.​

    http://eaglerising.com/21377/can-the-illegal-vote-in-2016-be-stopped/

  • Irregardless of whether or not you need a picture ID for so many other things in life, this 5th Court of Appeals judge thinks it is racist to require a photo ID to vote. Why don’t we file a racial discrimination law suit against the TSA and Home Land Security for forcing us (under penalty of law) to produce a photo ID in order to board a plane. Also we should file a racial discriminating law suit on the FDIC for requiring us to produce a photo ID when cashing a check. I see no problem with showing my drivers license in order to vote. It is to cut down on the numbers of voter fraud. After the last presidential election, there was one black lady in particular, who bragged on TV cameras that she voted for Obama several times. About three of those votes were in her name. The others were for boarders that did not even live in her house. One I remember she said was for her niece. If that is not voter fraud, then I do not know what is. This striking down the voter ID law is only going to aid the demoncratic party. They thrive on this sort of goings on.

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