TEXAS REDISTRICTING & ELECTION LAW

Opinion here.

ANALYSIS:

* Opinion is unanimous, with Judge Tatel writing for the panel.

* Court holds that Texas failed to show that the law lacked retrogressive effect:  ”[A]s we have found, everything that Texas has submitted as affirmative evidence is unpersuasive, invalid or both … [U]ncontested record evidence conclusively shows that the implicit costs of obtaining an SB-14 qualifying ID will fall most heavily on the poor and that a disproportionately high percentage of African-Americans and Hispanics in Texas live in poverty.”

* Court does not reach question of discriminatory purpose since the court found discriminatory effect and Texas had the burden of showing both a lack of discriminatory effect and purpose.

* Court asks parties to confer and submit a proposed schedule for address questions about the constitutionality of section 5 within 14 days.