Background
This consolidated appeal involved multiple plaintiffs challenging various Texas election laws and officials, including the Governor and Secretary of State. The case originated from the United States District Court for 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 denial occurred because, after being polled at the request of one member, a majority of the judges did not vote in favor of rehearing. Eight judges voted in favor, while nine voted against.
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 panel’s decision in place, allowing the challenged Texas election laws to remain subject to the existing injunctions and legal interpretations established by the panel.