Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

OUTRAGE: Federal Court Blocks Texas Voter ID Law, Says ‘Unfair’ to Blacks and Hispanics
Stand With Arizona ^ | 08-30-2012 | John Hill

Posted on 08/30/2012 11:06:21 AM PDT by montag813

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-32 last
To: montag813

Because blacks and hispanics are too stupid and lazy to get IDs so some Affirmative Action is necessary! /s


21 posted on 08/30/2012 12:03:12 PM PDT by TigersEye (dishonorabledisclosure.com - OPSEC (give them support))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dogbert41

DAVID S. TATEL
(202) 216-7160

Judge Tatel was appointed to the United States Court of Appeals in October 1994. He graduated from the University of Michigan in 1963 and the University of Chicago Law School in 1966. Following law school, he taught for a year at the University of Michigan Law School and then went into private practice with the firm of Sidley & Austin in Chicago. From 1969 to 1970, he served as Director of the Chicago Lawyers’ Committee for Civil Rights Under Law, then returned to Sidley & Austin until 1972, when he became Director of the National Lawyers’ Committee for Civil Rights Under Law in Washington, D.C. From 1974 to 1977, he returned to private practice as associate and partner with Hogan & Hartson, where he headed the firm’s Community Services Department. He also served as General Counsel for the newly created Legal Services Corporation from 1975 to 1976. In 1977, Judge Tatel became the Director of the Office for Civil Rights, U.S. Department of Health, Education and Welfare. He returned to Hogan & Hartson in 1979, where he headed the firm’s education group until his appointment to the D.C. Circuit.


22 posted on 08/30/2012 12:06:02 PM PDT by Dogbert41 ("...The people of Jerusalem are strong, because the Lord Almighty is their God" Zech. 12:5)
[ Post Reply | Private Reply | To 20 | View Replies]

To: montag813

The overlords have crapped on the yeomanry again. The rulers have total disdain for the Kulaks. When will it end?

Secession!


23 posted on 08/30/2012 12:06:26 PM PDT by x1stcav (There's a bunch of us out here spoiling for a fight.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dogbert41

Oh good! Another productive member of society. What has this sh!t ever done in his silly excuse for a life except live off of the producers? Yet he gets to rule us.

The world is upside down.


24 posted on 08/30/2012 12:10:27 PM PDT by x1stcav (There's a bunch of us out here spoiling for a fight.)
[ Post Reply | Private Reply | To 22 | View Replies]

To: Dogbert41

Judge Rosemary M. Collyer was appointed to the United States District Court in January 2003. She had been a partner in the Washington, D.C., law firm of Crowell & Moring LLP from 1989 to 2003. Judge Collyer served as General Counsel of the National Labor Relations Board (1984-89) and Chairman of the Federal Mine Safety and Health Review Commission (1981-1984). She graduated from the University of Denver College of Law (1977) and Trinity College Washington, D.C. (1968). She practiced law with Sherman & Howard in Denver, Colorado, before her government service. Judge Collyer is a member of the College of Labor and Employment Lawyers and the American Bar Association Foundation.
Chambers: (202) 354-3560

Judge Wilkins was appointed United States District Court for the District of Columbia on December 27, 2010. A native of Muncie Indiana, he obtained his B.S. cum laude in chemical engineering from Rose-Hulman Institute of Technology and his J.D. from Harvard Law School.

Following graduation, Judge Wilkins clerked for the Honorable Earl B. Gilliam of the United States District Court for the Southern District of California. He later served as a staff attorney and as head of Special Litigation for the Public Defender Service for the District of Columbia, and he also practiced as a partner with Venable LLP, specializing in white collar defense, intellectual property and complex civil litigation.

During his tenure with the Public Defender Service and in private practice, Judge Wilkins served as the lead plaintiff in Wilkins, et al. v. State of Maryland, a civil rights lawsuit against the Maryland State Police. This lawsuit resulted in two landmark settlements that were the first to require systematic compilation and publication by a police agency of data for all highway drug and weapons searches, including data regarding the race of the motorist involved, the justification for the search and the outcome of the search. These settlements inspired a June 1999 Executive Order by President Clinton, Congressional hearings and legislation that has been enacted in over half of the fifty states.

Judge Wilkins also played a key role in the passage of Public Law No. 107-106, establishing the National Museum of African American History and Culture Plan for Action Presidential Commission, and he served as the Chairman of the Site and Building Committee of that Presidential Commission. The work of the Presidential Commission led to the passage of Public Law No. 108-184, which authorized the creation of the National Museum of African American History and Culture. This museum will be the newest addition to the Smithsonian, and it is scheduled to open in 2015 between the National Museum of American History and the Washington Monument on the National Mall.

Judge Wilkins has received numerous honors and awards, including being named one of the “40 under 40 most successful young litigators in America” by the National Law Journal in 2002 and one of the “90 Greatest Washington Lawyers of the Last 30 years” by the Legal Times in 2008.
Chambers: (202) 354-3480


25 posted on 08/30/2012 12:15:54 PM PDT by Dogbert41 ("...The people of Jerusalem are strong, because the Lord Almighty is their God" Zech. 12:5)
[ Post Reply | Private Reply | To 22 | View Replies]

To: montag813

Our fathers would have considered the egregious breaches of USA law, esp. supreme USC law, by many of our _judges_ to be hanging offenses.


26 posted on 08/30/2012 12:26:31 PM PDT by veracious
[ Post Reply | Private Reply | To 1 | View Replies]

To: montag813

Ignore them and enforce the ID law anyway.

They only have as much power as we give them, and it is high time to take it all away.


27 posted on 08/30/2012 12:51:20 PM PDT by chris37 (Heartless.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: veracious

I actually read this opinion.

It is based on Section 5 of the Voting Rights Act. The Court discussed the US Supreme Court decision upholding Indiana’s law, but distinguished it because it did not involve Section 5 of the Voting Rights act. In the US Supreme Court case, the plaintiffs had the burden of showing a discriminatory intent and impact. Under Section 5 of the Voting Rights Act, Texas has the burden of showing a lack of discriminatory intent and impact.

The court specifically noted that it was not ruling on the constitutionality of Section 5. It set a briefing schedule, and will adress that issue later.

The appellate court, apparently because of special provisions in the law, acted as a fact finder, conducting a trial at which it received evidence. This is very unusual.

The Court did not address the issue of discriminatory intent. It focused solely on the issue of discriminatory impact. It found Texas had failed to prove the absence of any discriminatory impact, because the law might impact hispanics and blacks more than whites.

The problem with the Court’s decision, as I see it, is that it (or perhaps more accurately Section 5 of the Voting Rights Act) imposes the impossible burden of proving a negative upon Texas.

This problem was exacerbated by the way in which the Court examined the evidence. The parties presented competing evidence from the academic community about the impact of the law. The Court noted that the academic community was split, and therefore ruled that Texas had failed to meet its burden of proof. Given the ideological division on the issue, and the fact that academia is a bastion of the left, there will NEVER be academic consensus on this issue. The Court’s decision effectively gives the left veto power with respect to any state subject to the voting rights act.

The Court also purported to distinguish the US Supreme Court decision regarding Indiana’s law on the facts. Both states require photo id, and provide for the free issuance of photo id. And both require persons applying for the free voter id to submit various forms of documentation when applying for that id, which application must be submitted in person at a government office.

The Court said that Texas’s law imposed a more significant burden on minorities for two reasons: First, because to obtain the (cheapest and most common form of) id needed to apply for the voter id—a certified copy of birth certificate, cost $22 in Texas, but only $3 to $12 dollars in Indiana. I cannot understand how this is a significant difference, or based on what principle the Court is drawing the line.

Second, the Court pointed to the fact that Texas is a big state, and that not every county has an office in which to apply for a voter id. I don’t understand how that is a significant difference either.

Frankly, I think the real problem hear is with the Voting Rights Act itself. It explicitly discriminates on the basis of race. (Texas was not subject to the Voting Rights Act when it was originally passed, and only become subject in 1975, when an amendment made states with high numbers of minority voters subject to it). Congress did this without any evidence that this discrimination was necessary to remedy a specific instance of past racial discrimination. So, it seems to me the Act should be invalidated as violative of equal protection, as the Constitution and laws of the United States should be colorblind, except where strictly necessary to address past, specific instances of racial discrimination.

Sorry to ramble.


28 posted on 08/30/2012 1:12:50 PM PDT by TheConservator ("I spent my life trying not to be careless. Women and children can be careless, but not men.")
[ Post Reply | Private Reply | To 26 | View Replies]

To: montag813

How do they get welfare or SS without id?


29 posted on 08/30/2012 1:15:58 PM PDT by ThisLittleLightofMine
[ Post Reply | Private Reply | To 1 | View Replies]

To: montag813

More proof to support the thesis of Mark Levin’s “Men in Black”. We are being ruled by a judicial tyranny.


30 posted on 08/30/2012 4:46:12 PM PDT by JewishRighter
[ Post Reply | Private Reply | To 1 | View Replies]

To: veracious

Indeed. At the very least, sales of tar and feathers would be at an all time high.


31 posted on 08/30/2012 7:11:48 PM PDT by Freedom_Is_Not_Free (REPEAL OBAMACARE. Nothing else matters.)
[ Post Reply | Private Reply | To 26 | View Replies]

To: montag813
I sent a message to Greg Abbott, asking him to read the US Constitution, Article III, Section 2, paragraph 2: "In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a state shall be a party, the supreme Court shall have original jurisdiction."

This decision should be set aside immediately, because the federal court, likely staffed with liberal hack judges, did not have standing to hear this case.

I also think the same applies to the state immigration law that was similarly shot down in Arizona, so I sent a similar message to Gov. Brewer. Don't know how much if any provocation I might've caused, but I can't the first one to think of this point, so what the hell is going on?

32 posted on 08/31/2012 10:33:57 AM PDT by Marauder ("I tremble for my country when I reflect that God is just" -- Thomas Jefferson)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-32 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson