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Wednesday, May 25, 2016

http://www.ca5.uscourts.gov/OralArgRecordings/14/14-41127_5-24-2016.mp3

the 5th circuit en banc oral argument in the texas voter ID case.

The state was asked if there's a case that gave injunctiuve relief in an as-applied challenge.
not sure if that's how it was worded. state says no. but later one of the judges mentions citizens united, which is a such a case. this post needs work, but i wanted to jot it down before i forgot.

Third, the distinction between facial and as-applied challenges is not so well defined that it has some automatic effect or that it must always control the pleadings and disposition in every case involving a constitutional challenge. - CU.

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