Texas NAACP v. Steen (consolidated with Veasey v. Perry)

October 28, 2015

In 2011, the Texas legislature passed SB 14, the strictest photo ID law in the nation. For example, the law requires voters to present photo identification from a very limited list before being allowed to vote. A Texas concealed handgun license is acceptable, but an ID from a public university or a tribal identification card is not.

After a long procedural history, described in detail below, on August 5, 2015, a three-judge panel of the 5th Circuit Court of Appeals unanimously affirmed a federal trial court’s earlier finding that Texas’s strict photo ID law violates Section 2 of the Voting Rights Act. The appellate court agreed with plaintiffs that SB 14 has a racially discriminatory effect in violation of the Voting Rights Act. The panel also ruled that the district court should hear more evidence on the intentional discrimination claim, and it vacated the district court’s finding that SB 14 violates the U.S. Constitution.

Texas has asked the full 5th Circuit Court of Appeals to rehear the case and allow the law to stay on the books while the state requests Supreme Court review. The full Court of Appeals is considering both motions, and Texas has vowed to apply SB 14 in the current election, notwithstanding the fact that three courts have struck the law down, and that when the law was applied during the November 2014 election, it cut many voters out of the political process.

Background

On September 17, 2013, the Brennan Center, Lawyers’ Committee, and co-counsel filed suit in federal court challenging SB 14, Texas’s strict photo voter ID law on behalf of the Texas State Conference of the NAACP and the Mexican American Legislative Caucus of the Texas House of Representatives (MALC).

Texas SB 14 was originally enacted in 2011. The law’s strict requirements disproportionately prevent certain groups of voters, including African-American and Latino citizens, from voting in person.

In 2011, the Brennan Center and others filed a successful suit in federal court to block implementation of SB 14 under Section 5 of the Voting Rights Act. The three-judge court unanimously found that the law discriminated against minority voters.

In 2013, the Supreme Court decided Shelby County v. Holder, and by a 5-4 vote rendered Section 5 of the Voting Rights Act inoperable. Within hours, Texas announced that it would implement SB 14. Accordingly, this lawsuit was brought under Section 2 of the Voting Rights Act and the United States Constitution, and requested ”bail-in” so that Texas will have to obtain preclearance for future changes to its voting practices. The trial was held over 8 days in Corpus Christi, in September 2014.

An October 2014 opinion by U.S. District Judge Nelva Gonzales Ramos concluded that Texas’s strict photo ID requirement violates Section 2 of the Voting Rights Act, imposes an unconstitutional burden on the right vote, was passed by the Texas legislature with the intent to discriminate, and constitutes an unconstitutional poll tax. The judge ordered that the law cease to be implemented.

Days after the district court’s ruling, the 5th Circuit Court of Appeals temporarily stayed the district court’s order in light of the upcoming election. The Supreme Court upheld that ruling, granting Texas permission to implement its photo ID law for the November 2014 election. The Brennan Center chronicled the many instances of resulting vote denial.

In addition to the Brennan Center, the attorneys representing the plaintiffs the Texas State Conference of the NAACP and MALC are the Lawyers’ Committee for Civil Rights Under Law, Law Offices of Jose Garza, the national office of the NAACP, Law Office of Robert S. Notzon, Potter Bledsoe L.L.P., Dechert LLP, and the Covich Law Firm, LLC.

Legal Documents

5th Circuit Appeal on the Merits

Motion to Stay District Court Decision Pending Appeal

Trial Court

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