In an editorial the Dallas Morning news states what it considerd the fatal flaw in Texas' arguments:
In the end, however, this critical case was decided on factual evidence that was unchallenged by both sides. That is very important because the debate over voter ID laws is fiercely partisan and easily derailed by allegations of widespread fraud at the polls, a phantom argument that nevertheless sways public opinion.
Texas had to prove that minorities in the state could obtain the required photo identification without major cost or inconvenience. Had it done so, the state would have met the standard under Section 5 of the federal law, which applies to Texas because of its history of voter discrimination. The state’s argument was doomed because the law it passed — the strictest in the nation — provided all the uncontested evidence needed to show that minorities would be adversely affected.
. . . . Texas . . . greatly limits the choices for those who do not have the required identification. The judges noted that legislators tabled or defeated amendments that would have greatly improved access and reduced costs — in effect bringing the law closer to Georgia’s version. Most damaging, however, was the decision in Texas to have the voter ID card issued only by the Department of Public Safety, which does not have offices in 81 counties.
All of this imposed a “substantial burden” on the right to vote, the judges ruled. That is a resounding condemnation of the GOP-controlled Legislature, which now bears the burden of righting this wrong.
Texas made obtaining a photo ID far more difficult than in other states. The court ruled that this created a substantial burden that other states with photo ID laws dis not impose.
The legislature overreached.
The Austin American Statesman agrees.
