On the heels of Texas’s motion to dismiss in D.D.C., Michael Li reports at the TxRedistricting Blog that African-American and Hispanic groups have moved to bail in Texas under section 3. If bailed in, Texas would still need to submit changes to election laws for review under the VRA, even though section 4 is unconstitutional.
The State of Texas is undoubtedly the prime example of why at least some pre-enforcement review under the Voting Rights Act is still necessary to vindicate the voting rights of minority citizens. Texas has engaged in persistent and intentional efforts to diminish the voting strength of voters of color, and to exclude them from the political process. If ever a jurisdiction was deserving of being affirmatively subjected to the preclearance requirement (being “bailed-in”) under Section 3(c) of the Act, Texas is that jurisdiction.
DOJ did not take position, at this time:
Plaintiff opposes this Motion. The Department of Justice indicated that it is not in a position to state a view at this time, but will review and respond to this motion after it is filed.