Texas remains responsible for nearly $6.8 million in legal fees and costs owed to the collection of parties who sued over its voter ID law.
Though the state ultimately won the long-winding fight to keep the voter ID law on the books, a panel of the U.S. 5th Circuit Court of Appeals on Friday upheld a lower court ruling that found the state is on the hook for that sum — the last vestige of the legal battle over the 2011 restrictions the state set on what forms of photo identification are accepted at the polls.
The Texas attorney general’s office had appealed that lower court ruling, which found the plaintiffs in the litigation — Democratic U.S. Rep. Marc Veasey of Fort Worth, individual voters, voting and civil rights groups, the NAACP-Texas and the Texas House’s Mexican American Legislative Caucus, among others — were the “prevailing parties.”
“It seems obvious that they are,” the 5th Circuit judges on Friday. “Plaintiffs successfully challenged the Texas photo ID requirement before our en banc court, and used that victory to secure a court order permanently preventing its enforcement during the elections in 2016 and 2017.”
Just a quick recap, the original voter ID law that was passed in 2011 was ruled to have had discriminatory intent by a district court judge in 2014, but the Fifth Circuit allowed it to stand while the appeal was made. Both the three-judge panel and the full Fifth Circuit ultimately upheld the district court ruling, but as it was close to the 2016 election by then, a modified version of the law that mitigated some of the harm was implemented. After the 2017 Lege codified those changes, the law was challenged again, and despite another ruling by the same district court judge that the law was still discriminatory, this time the Fifth Circuit ruled in favor of the state, and here we are now. (Yes, SCOTUS was involved in both of these cases, but this has gone on long enough.) The state may press on again with this appeal, but at this point it would seem unlikely they’d win. Perhaps by now we have had more than enough money spent on this cursed thing.