Background
Plaintiffs challenged Texas election laws, including measures regarding voter identification and ballot security, in federal district court. The case involved multiple consolidated appeals from the Western District of Texas.
The court’s reasoning
The court treated the petition for rehearing en banc as a petition for panel rehearing and denied it. The en banc petition was denied because, after polling the judges, a majority did not vote in favor of rehearing.
The dissent
Our No Nexus Rule is inconsistent with the judicial power. The Framers drafted Article III to deny federal judges the power to revise law.
Andrew S. Oldham
What it means going forward
The denial of rehearing en banc leaves the lower court’s injunctions and legal interpretations regarding the Ex parte Young doctrine in place, allowing federal courts to continue issuing broad injunctions against state election laws under the panel’s reasoning.