Looks like the State of Texas wasn't too happy about DOJ's rejection of its voter ID law on Monday.
The State of Texas is seeking permission from the three-judge panel in the voter ID case to file an amended complaint that would directly challenge the constitutionality of section 5 of the Voting Rights Act.
The amended complaint told the court in the introduction that, as an alternative grounds for relief, “the State of Texas seeks a declaration that section 5, as most recently amended and reauthorized by the Voting Rights Act Reauthorization and Amendments Act of 2006, exceeds the enumerated powers of Congress and conflicts with Article IV of the Constitution and the Tenth Amendment.”
With today's filing, Texas now moves to the forefront, along with the Shelby County case, in re-raising the constitutional issue. However, because Texas' case, unlike the Shelby County case, involves a three-judge panel, appeals from the case would go directly to the Supreme Court. That means Texas' case has the potential for getting to the Supreme Court first, depending on how the timing works out.
Suffice it to say, things just got a little more interesting.
The amended complaint can be found here.