Case: 20-50407
Document: 00515441096
Page: 17
Date Filed: 06/04/2020
No. 20-50407
(wrongly) that strict scrutiny applies. Second, they stress that because the
statute doesn’t permit them to vote by mail during this pandemic, it unlawfully
burdens their fundamental right to exercise the franchise.
The district court had no trouble agreeing with the plaintiffs, hurling
invectives at what it apparently saw as the state officials’ harebrained justifications for gifting older but not younger voters with a vote by mail. The district
judge concluded that strict scrutiny applies, because section 82.003 supposedly
places a severe burden on the plaintiffs’ right to vote, as voters who trek to the
polls risk exposure to the Virus.
In so doing, the court rejected Texas’s asserted interests in giving older
citizens special protection and in guarding against election fraud. “Both reasons, even taken at face-value [sic], fail to outweigh the burden voters will face
in exercising their right to vote before the threat of [the Virus] can be realistically be [sic] contained.”
The district court opined, in the alternative, that the statute would fail
even rational-basis review—a standard under which a law enjoys “a strong
presumption of validity.” F.C.C. v. Beach Commc’ns, Inc., 508 U.S. 307, 314
(1993). “There is no rational state interest,” the district court informed the
state officials, “in forcing the majority of . . . voters to visit polls in-person [sic]
during a novel global pandemic, thus jeopardizing their health (and the health
of all those they subsequently interact with).” Neither is there a valid “interest
in fencing out voters under the age of 65 [on a theory that] it would introduce
rampant fraud, while allowing older voters to utilize mail ballots and allowing
the alleged rampant fraud therewith.” No stranger to rank speculation, the
judge then accused Texas of seeking to disenfranchise a certain “sector of the
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