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Gothmog

(154,549 posts)
7. The trial court build a careful record of fact findings
Sat May 9, 2015, 12:53 PM
May 2015

In theory these findings of fact can only be overturned based on clear error which is hard to prove. The trial court made a good case on this issue and even the GOP judge on the panel agree that a circumstantial evidence case is sufficient https://www.texastribune.org/2015/04/28/fed-judge-legislature-why-not-tweak-voter-id-law/

Keller argued that the plaintiffs had found no smoking gun – a statement or email for instance – in which proponents of the law overtly described an intention to discriminate.

Haynes and Stewart sounded skeptical of that critique.

"It's unlikely that someone's going to get up and say overtly: 'Let's discriminate,' in a debate in the House or Senate,” Haynes said.

Stewart said "strong circumstantial evidence" is a typical standard in proving discrimination cases.

A significant portion of the case involved the one GOP judge proposing alternative remedies which is not a good thing for the State of Texas.


Latest Discussions»Issue Forums»Election Reform»Appeals Court Hears Texas...»Reply #7