Three Judge Panel of Fifth Circuit Upholds The Rule of Law [and Open Thread]

Score one for the Rule of Law.

Appeals court, 2-1, gives Texas OK to use new voter ID law

A divided federal appeals court has stayed a lower judge’s ruling barring Texas from implementing a revised version of its voter identification law.

By JOSH GERSTEIN, POLITICO

A panel of the New Orleans-based 5th Circuit Court of Appeals voted, 2-1, to allow Texas to use the revised voter ID measure known as SB 5 for this November’s elections.

“The State has made a strong showing that it is likely to succeed on the merits. SB 5 allows voters without qualifying photo ID to cast regular ballots by executing a declaration that they face a reasonable impediment to obtaining qualifying photo ID. This declaration is made under the penalty of perjury,” Judges Jerry Smith and Jennifer Elrod wrote in a joint order Tuesday. “The State has made a strong showing that this reasonable-impediment procedure remedies plaintiffs’ alleged harm and thus forecloses plaintiffs’ injunctive relief.”

Hat Tip: Warner Todd Huston via G+

Donald Trump and the Peter Principle
A Case of Right-Wing Lunacy
  • Retired military
    • yetanotherjohn

      It sounds like all her other excuses “It’s somebody else fault, not moi.”

  • yetanotherjohn

    Will this go to the supremes? The importance of threading the needle is once a bill’s procedures get vetted, then other states can follow. I don’t know of another state that has the “reasonable impediment” provision. Before the idea was we will just give out free ID, but then economically they want to limit the scope of that and issues arise. Here, if you don’t have the ID, then it is just signing a piece of paper (under threat of perjury), so minimal cost all around. My suspicion is that either the provision will be very limited in its use (how many people don’t have ID), or there will be a huge wave of them with the left trying to swamp the system. If the exemption perjury statement is done right (i.e. you are eligible to vote, don’t have an ID and can’t afford one), then the left trying to swamp the system will run into massive perjury convictions. This being Texas, they won’t just turn a blind eye to perjury associated with the elections.
    Texas perjury law penalty is a misdemeanor if you just make the false statement, but it is a felony if the statement is part of an official proceeding (e.g. an election) and is material (i.e. could have effected the course of outcome of the official proceeding). Thus, I kind of hope for the left to decide to protest the law by trying to swamp the system. Even if they don’t do time, getting the felony convictions would self select them out of the voter pools.

    • Hard to see grounds for appeal based on the stated cause for this decision and the trial court having ignored the terms of the remand…

      • yetanotherjohn

        Why it would almost be like the courts stopping a sitting president in dealing with potential national security issues arising out of letting foreign citizens into the country, just something that is so clear cut how can any court do that. The other side has appealed to the supremes and there are several supremes who seem to decide cases based on politics more than the rule of law.

  • More bad news for DWS and the Dhimmocrats:

    Exclusive: Did Imran Want Capitol Police To Find Wasserman Schultz’s Laptop?
    By Luke Rostiak, Investigative Reporter for the Daily Caller

    A laptop that Rep. Debbie Wasserman Schultz has frantically fought to keep prosecutors from examining may have been planted for police to find by her since-indicted staffer, Imran Awan, along with a letter to the U.S. Attorney.

    U.S. Capitol Police found the laptop after midnight April 6, 2017, in a tiny room that formerly served as a phone booth in the Rayburn House Office Building, according to a Capitol Police report reviewed by The Daily Caller News Foundation’s Investigative Group. Alongside the laptop were a Pakistani ID card, copies of Awan’s driver’s license and congressional ID badge, and letters to the U.S. attorney. Police also found notes in a composition notebook marked “attorney-client privilege.”

    The laptop had the username “RepDWS,” even though the Florida Democrat and former Democratic National Committee chairman previously said it was Awan’s computer and that she had never even seen it.

    Very Interesting…

    • The plot thickens:


      A document filed in the U.S. District Court for the District of Columbia indicates that federal prosecutors have struck a deal with Alvi that would allow her to return to the U.S., but would also require her to surrender her passport and afterwards not book any international travel. The deal only surrounds how Alvi will turn herself in, and is structured so that she can avoid being arrested in front of her children when she returns to the U.S., “during the last week of September 2017.”

  • Walter_Cronanty

    Despite U.S. Constitution, Article VI’s ban on religious tests “…as a Qualification to any Office or public Trust under the United States,” Islamophobia runs wild in the US Senate…oh, wait,…

  • pennywit

    Emily Yoffe has an in-depth article about campus sexual-assault processes in The Atlantic. Really frightening stuff if you have a son about to head off to college.

    • Walter_Cronanty

      I read that article, and you’re correct. How are the Redskins going to do?

      • pennywit

        How are the Redskins going to do?

        Not well. In its infinite wisdom, our team’s front office has a) fired the general manager, then badmouthed him in an interview with the WaPo; b) tagged the starting QB again rather than let him go (and get a cheaper QB) or pay him market rate; and c) let go of not one, but two game-changing wide receivers. The phrase “nuclear dumpster fire” comes to mind.

        How are the Browns looking?

        • Walter_Cronanty

          Has you asked me a week ago, I would have been more optimistic. But [drum roll], the first pick in the 2017 draft for the Cleveland Browns – Myles Garrett – is out for at least 4 weeks with the ever-present high ankle sprain. The good news, it’s not the same ankle he injured last year which hobbled him all year [ugh].

          I think the O-line will be better with the dumping of [drum roll] the Brown’s 19th overall pick in the 2015 draft, Cameron Erving.

          Plus, the Browns picked-up a couple of decent free agent O-lineman in free agency. Their receiver corps is terrible, plus we have a 1st year quarterback. What’s the over/under on how many quarters DeShone Kizer can play before he’s injured?

          If the D can be half as good as it was in the pre-season, they may be able to win 6 games. If not, “… for the first overall pick in the 2018 NFL draft, the Clevelan Browns choose…..”

          • pennywit

            ” … another quarterback.”

            Have the Browns considered installing safety railings on their quarterback carousel?

          • Walter_Cronanty
          • pennywit

            I understand the Cowboys eventually resorted to packing Tony in bubble wrap at game time. Have you tried that?

          • Walter_Cronanty

            After Johnny Manziel, the Browns are a little skittish about their quarterback having anything to do with bubbles.

          • pennywit

            Oh, Walter. Looks like our two teams have something in common.

          • Scalia

            Well, the Lions had dropped three straight to Arizona, and given the woeful shape of their defense, I expected a loss. They pulled out yet another 4th quarter comeback.

            I’ll take the win, but it’s been a while since they’ve had a really solid win.

          • Walter_Cronanty

            After this weekend, we have nothing in common. Sorry for the late reply – on a week’s vacation and I conscientiously avoid the internet while on vacation.

          • pennywit

            Can’t say I blame you. When I’m on the Internet, I conscientiously avoid vacations.