The three-judge panel in the Texas voter ID case today cleared the way for the State of Texas to appeal the panel’s denial of preclearance to the Supreme Court by ruling that its decision in that portion of the case was final and could be separated out from the remaining claims in the case (a Rule 54(b) decision in legal parlance).
That clears the way for the state to file a notice of appeal seeking review from the high court this term- possibly on an expedited basis.
In the same order, the three-judge panel also stayed any consideration of the state’s claim that section 5 of the Voting Rights Act is unconstitutional pending the Supreme Court’s resolution of similar claims in Shelby Co. v. Holder, set for argument on February 27. The court’s order directed he parties to file a joint notice regarding their views on the status of the Texas case within 30 days of a ruling in Shelby Co.
A copy of the court’s order can be found here.