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Appeals court unblocks Texas Voter ID law

The State of Texas can use its new voter ID law again in next's month's election, a federal appeals court ruled Tuesday, putting on hold an order a district court issued just last week barring enforcement of the law.

"Based primarily on the extremely fast-approaching election date, we STAY the district court’s judgment pending appeal," 5th Circuit U.S. Court of Appeals Judge Edith Clement wrote, in a ruling joined by Judge Catharina Haynes (and posted here). "This is not a run-of-the-mill case; instead, it is a voting case decided on the eve of the election. ...The judgment below substantially disturbs the election process of the State of Texas just nine days before early voting begins. Thus, the value of preserving the status quo here is much higher than in most other contexts."

The third appeals court judge on the panel, Gregg Costa, agreed with the decision to stay the district court ruling, but did not join their opinion. He said he was troubled about the prospect of an election being held under discriminatory rules.

"We should be extremely reluctant to have an election take place under a law that a district court has found, and that our court may find, is discriminatory," Costa wrote. However, he said it appeared the Supreme Court opposes federal court-ordered changes to election procedures on the eve of elections. "On that limited basis, I agree a stay should issue," he said.

Clement and Haynes are appointees of President George W. Bush. Costa was appointed by President Barack Obama.

On Thursday evening, U.S. District Court Judge Nelva Gonzales-Ramos ruled that Texas's voter ID law is unconstitutional and violates the Voting Rights Act by making it more difficult for minorities to vote. Her ruling followed a lengthy trial exploring the impact of the voter-ID requirements, which were passed in 2011 and have been used in three elections prior to the one set to take place next month.

Civil rights groups and the Justice Department were among those challenging the Texas law. They could ask the full bench of the 5th Circuit to restore the lower court's order. They could also ask the Supreme Court to step in.