I’m shocked, I tell you, shocked.
Told it was breaking the law, and asked to propose a fix, Texas seems to have mostly declined.
Following a ruling last month that Texas was violating a federal law designed to ease the voter registration process, U.S. District Judge Orlando Garcia orderedboth the state and the voting rights advocacy group that sued Texas to submit detailed plans for fixing the violation. The Texas Civil Rights Project submitted its plan Thursday afternoon. About three hours later, Texas responded with a document criticizing that group’s proposal as overly broad and once again disputing the judge’s ruling. It did not present a clear, specific solution of its own.
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Attorneys for the state argued this week — again — that the state was not violating the law, and that the voters who sued them had no standing to do so in the first place. They also objected strenuously to the advocacy group’s fix, which proposed giving the state 45 days to begin allowing Texas drivers to register online while updating their license information and forcing Texas to create a “broad-based public education plan” to advertise the new avenue for voter registration.
“It is one thing to issue a ‘simple injunction’ ordering a state official to comply with the [the Motor Voter Act], it is another to micromanage the details of that compliance,” attorneys for the state wrote. “[The law] does not give federal courts carte blanche to order the State to do anything they think may be beneficial.”
Texas emphasized that it doesn’t believe the court should order any remedy. But attorneys for the state did offer some guidelines as to how that fix should be ordered. Any solution, the state said, “must be narrowly tailored,” to the problem at hand and show what other courts have described as “adequate sensitivity to the principles of federalism.”
See here for the background. It’s a bit like Willie Sutton arguing that he was just making withdrawals, and that maybe the bank should look into shorter teller lines or something. Judge Garcia, who I’m sure appreciated the pointers, will make his ruling, at which point the state will file its appeal and we’ll get to see if that ruling is ever allowed to take effect. Stay tuned.