Case name is Texas Democratic Party, et al. v Greg Abbott, Governor of Texas, et al.
United States District Judge Fred Biery of the United States District Court for the Western District of Texas, sitting at San Antonio, issued an injunction requiring Texas to provide absentee ballots to all voters on demand for the remainder of the pandemic.
The Opinion of the Court linked to above is about 10 1/2 pages, the remainder of the 74 page document is appendixes relating to voting statistics relevant to the case.
Not at all unexpected. With large States like Florida using it without issue, there really isn’t any compelling evidence to the contrary.
Part of the order is as follows:
(5) All defendants and all their respective officers, agents, servants, employees, attorneys, and persons acting in concert of participation are enjoined from issuing any guidance, pronouncements, threats of criminal prosecution or orders, or otherwise taking any actions inconsistent with this Order. This Order does not prevent defendants and their agents and employees from prosecuting cases of voter fraud where evidence and probable cause exist;
Governor Abbott had threatened retaliation and criminal prosecution against any election official who complied with an earlier order by a State Judge regarding Universal Vote by Mail. This provision was placed to protect those workers.
I’m sorry. But I’m lost here. What does the current law say about absentee ballots? Are there requirments for votes to get an absentee ballot? The judge can’t just make crap up because he wants to. An injunction is issued if they believe that the person bringing the suit has a reasonable chance of victory. Is a judge going to rule the states absentee ballot law unconstitutional?
Actually, the Judge INVOKED Texas Statute in issuing the injunction. A disability is sufficient reason to get an absentee ballot under Texas law and essentially the Judge declared that any person NOT immune to COVID-19 has a legal disability that entitles them to an absentee ballot.
Pretty nifty move by the Judge actually. Very deftly used the law as written.
Tell me how NOT having COVID immunity constitutes an impairment?
" What is the definition of disability under the ADA ? … The ADA defines a person with a disability as a person who has a physical or mental impairment that substantially limits one or more major life activity. This includes people who have a record of such an impairment, even if they do not currently have a disability ."
“Actually, the Judge INVOKED Texas Statute in issuing the injunction. A disability is sufficient reason to get an absentee ballot under Texas law and essentially the Judge declared that any person NOT immune to COVID-19 has a legal disability that entitles them to an absentee ballot.”
So are they disabled when it comes to the Flu every year? How about common colds? How about MERSA? Do they get special treatment in other ways other than voting?
Since it’s to anyone NOT immune to COVID-19 – if they are claiming that disability . . . can the state require a blood test for the COVID-19 antibodies?
An impairment need not be a permanent condition and the ADA VERY BROADLY defines disability and the breadth of physical or mental impairment leading thereto.
Under the ADA, disability, and impairment leading thereto, is very broadly defined. In reality, he could lean on the ADA itself as justification for his decision.
