Connect with us

Politics

Texas Asks Appeals Court to Uphold Voter Photo ID Law

Published

on

(AP Photo/Matt Rourke, File)

(AP Photo/Matt Rourke, File)

KEVIN McGILL, Associated Press

NEW ORLEANS (AP) — Supporters and opponents of a Texas law requiring specific forms of photo identification for voters faced close questioning in a federal appeals court Tuesday on whether the law was meant to discriminate against minorities and whether there are ways to remedy it.

The U.S. Justice Department and others oppose the law as an unconstitutional burden on minority voters. The state of Texas says the law was aimed at preventing fraud. The state is appealing a federal district judge’s ruling last October that struck down the law.

Judge Catharina Haynes, one of three judges hearing the Texas case at the 5th U.S. Circuit Court of Appeals, suggested in questioning that the matter should perhaps be sent back to the district court for further consideration. She noted that the Texas Legislature currently has several bills that that could broaden the number and types of ID voters could use to cast ballots.

Haynes also noted that a statewide election took place in Texas last year under the requirements of the new law, which was being enforced while the appeal was pending. “Shouldn’t we look at the last election?” she asked Erin Flynn of the Justice Department.

Flynn argued otherwise. “Turnout number doesn’t capture the deterrent and suppressive effect that a voter ID law has,” she said.

The law requires voters to provide one of seven kinds of photo identification to cast a ballot. Four are available from the state Department of Public Safety — driver’s licenses, personal IDs, concealed-handgun permits, and election identification certificates. Federally issued passports, citizenship certificates and military IDs also are acceptable.

Opponents said the old law required an ID — with or without a photo — such as a voter registration card, a utility bill, a bank statement or a paystub that identified the voter and the voter’s address. They said fraud was rare and actual incidents of voters showing up at a poll pretending to be someone else were virtually nonexistent. They also complained about the exclusion of some photo IDs, including federal or state employee IDs and college student IDs.

Haynes asked whether “a more nuanced” remedy than striking the whole law might be called for — for instance, allowing the use of a voter registration card, which does not contain a photo, but stopping short of going back to the old law’s allowing of utility bills or bank statements.

Both sides stuck to their arguments, with Scott Keller of the Texas Solicitor General’s Office arguing that the law does not discriminate. Lawyers for the Justice Department and other opponents of the law said the ruling of U.S. District Judge Nelva Gonzales Ramos was sound.

Tuesday’s arguments also focused on the intent of Texas legislators who passed the ID law. The law’s opponents, and Ramos’ opinion, noted Republican state Rep. Todd Smith’s statement during debate on the bill that it was “common sense” that those lacking the required IDs would most likely be minority voters.

Haynes questioned both sides about what is needed to prove discriminatory intent.

Keller said there is nothing in the record to suggest an attempt to prevent minority voting. Haynes said there was unlikely to be an on-the-record statement acknowledging such a purpose. “You seem to be looking for some confession — in an email: ‘Let’s discriminate,'” she told Keller.

However, she also said opponents of the law seemed to employ “the rankest speculation” in assigning motives to the bill’s proponents.

Another issue touched on in Tuesday’s arguments: Whether fees involved in obtaining proper IDs constitute an unconstitutional “poll tax.”

That includes a possible $2 fee that some might need to get a birth certificate, which is required to get one form of free ID. The law-backers stress that there is no direct cost for the free ID and add that Texas allows mail voting, which they say negates the poll-tax argument.

The 5th Circuit’s Chief Judge Carl Stewart and U.S. District Judge Nannette Jolivette Brown of New Orleans also were on the panel. There was no indication when they would rule.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Business

OP-ED: Proposition 44 Would Put a Price on Trust

The danger in Proposition 44 is not only its 90 percent figure. It is that the meaning of “qualifying” spending will be worked out later. A clinic preparing a budget today may not know whether a navigator, health educator, transportation program, outreach worker, technology upgrade, or other patient-support service will be counted the way it expects. Yet the financial consequence of getting it wrong could be immediate.

Published

on

iStock.

Oakland’s public conversation about health care must begin with a simple truth: a doctor’s appointment is not the same thing as access to care.

For a mother juggling work and child care, access may mean a text-message reminder, a bus pass, an evening appointment, or someone who can explain what Medi-Cal covers. For an older patient managing diabetes, it may mean help scheduling a specialist visit and understanding new medications. For a family that has been dismissed or misunderstood in medical settings, access may begin with meeting a community health worker who knows the neighborhood, speaks their language, and treats their concerns with respect.

Community health clinics make that kind of care possible. They are part medical provider, part navigator, part educator, and part trusted local institution. Proposition 44 threatens to narrow the definition of what counts as patient care in a way that could undermine the very supports that allow patients to receive it.

The statewide measure would require covered nonprofit community clinics to spend at least 90 percent of their annual revenue on health care or qualifying program services. The ballot measure directs the Attorney General to establish more detailed guidance on what expenses qualify. Clinics that do not meet the threshold could face penalties for the difference. The Legislative Analyst’s Office reports that affected clinics currently spend an average of about 80 percent of revenue on health care services.

A percentage may look like a clean measure of accountability. But health care is not cleanly divided between what happens inside an examination room and everything that enables a patient to enter one.

Consider the work that happens before and after a visit. Clinic staff maintain confidential patient records. They follow up after missed appointments. They keep information systems secure. They recruit and train employees in an expensive and competitive health care labor market. They coordinate referrals, process claims, purchase supplies, maintain buildings, and make certain that patients are not lost somewhere between diagnosis and treatment.

Oakland families should not be asked to accept the fiction that these functions are unrelated to care.

The danger in Proposition 44 is not only its 90 percent figure. It is that the meaning of “qualifying” spending will be worked out later. A clinic preparing a budget today may not know whether a navigator, health educator, transportation program, outreach worker, technology upgrade, or other patient-support service will be counted the way it expects. Yet the financial consequence of getting it wrong could be immediate.

The Legislative Analyst’s Office says clinics falling short of the requirement could be required to pay the shortfall amount to the state and could seek to recover the money only if they show compliance within five years. The same analysis estimates state enforcement costs in the low tens of millions of dollars annually, supported by fees.

That is a troubling arrangement for organizations that are expected to provide care to people with the fewest alternatives.

Oakland has learned that trust is not built through slogans. It is built when a patient is listened to, when a parent can secure an appointment for a child, when a clinic returns a call, and when a person receives help without being shamed for their income, insurance, language, immigration history, or prior experience with the system.

For Black residents in particular, trustworthy care is not an abstract goal. Persistent inequities in health outcomes and patient treatment are real. Community-centered clinics can help bridge the gap with culturally responsive staff, patient navigators, behavioral-health programs, and partnerships that understand the conditions shaping health outside the clinic door.

Proposition 44 could pressure providers to treat those supports as expendable because they do not fit neatly into a state-enforced formula. That would be a mistake.

Accountability is necessary. Clinics that receive public resources should be transparent, well governed, and focused on their mission. But good oversight asks whether patients are being served well, whether money is managed responsibly, and whether communities can obtain needed care. It should not rely on a rigid ratio that may punish clinics for doing the hard work of reaching people who need more than a brief medical encounter.

A broad coalition of providers and community organizations opposes Proposition 44, including the California Primary Care Association, the California Medical Association, the California Hospital Association, Planned Parenthood Affiliates of California, and the California Teachers Association.

Oakland needs health policy that expands the circle of care. Proposition 44 risks drawing that circle smaller.

The Oakland Post editorial board urges a No vote on Proposition 44.

Continue Reading

Business

OP-ED: Proposition 40: It’s Time to Play Chess, Not Checkers

Proposition 40 would impose a one-time 5 percent tax on the wealth of Californians with more than $1 billion in assets. Most of that money would go toward health care, with the remainder supporting food assistance and education-related programs.

Published

on

Photo: iStockphoto.

I understand the frustration driving Proposition 40. I share our labor partners’ concerns about protecting health care and essential services at a time when working families are already under enormous pressure.

But labor itself is divided over Proposition 40, and there is good reason to look carefully at what this measure could mean beyond the money it promises to raise.

Proposition 40 would impose a one-time 5 percent tax on the wealth of Californians with more than $1 billion in assets. Most of that money would go toward health care, with the remainder supporting food assistance and education-related programs.

Those are worthy investments. The question is whether this is the right way to pay for them.

California’s independent Legislative Analyst says the measure could raise tens of billions of dollars in the short term. But that same analysis warns that California could eventually lose hundreds of millions of dollars a year in ongoing income-tax revenue if some wealthy taxpayers leave the state or change their financial behavior.

That matters because those dollars help support the General Fund and the broader system of programs and services Californians rely on.

So let’s be clear: This is not about feeling sorry for billionaires. Billionaires will be fine.

This is about protecting the people who will not be fine if we get the policy wrong.

For decades, those of us in Black media have watched public policy debates move from crisis to crisis. We have also watched Black communities deal with the consequences when decisions made in Sacramento or Washington did not fully consider what would happen two, three, or four moves later.

We know what happens when funding disappears. Community organizations struggle. Small businesses lose support. Programs serving young people are squeezed. Schools and local governments are asked to do more with less. The people with the fewest resources are usually the first to feel the consequences.

That history should make us cautious about making major changes to California’s tax system without considering the entire board.

If California believes billionaires should contribute more, then let’s have that conversation. There is nothing unreasonable about asking whether people who have benefited enormously from California’s economy should contribute more to sustaining it.

But we should build tax policy that is thoughtful, sustainable, and difficult to avoid. We should not create a temporary solution that could leave us confronting another revenue problem down the road.

This is also why I respect those in labor who support Proposition 40, even though I have reached a different conclusion. They are responding to very real concerns about health care and the people who depend on it. Those concerns should not be dismissed.

But neither should legitimate questions about Proposition 40.

Too often our politics tells us that if we agree with the goal, we must agree with the proposed solution. That is not how responsible public policy works.

You can believe health care must be protected and still question the mechanism being proposed to protect it.

You can believe billionaires should pay more and still ask whether this particular tax is the smartest way to accomplish that.

And you can stand with working people while insisting that California consider the long-term consequences for all of the public programs working people depend upon.

We need to stop treating complicated economic decisions like a game of checkers, where we look only at the move directly in front of us.

We need to play chess.

Look at the whole board. Think several moves ahead. Understand what happens after the first check is collected and spent.

The question before Californians is not whether billionaires can afford to pay more. They can.

The question is whether Proposition 40 is the right way to do it and whether we are confident enough in the consequences to make this kind of change.

Our communities cannot afford for us to discover the answer too late.

Continue Reading

Activism

Oakland Post: Week of September 30 – October 6, 2026

The printed Weekly Edition of the Oakland Post: Week of September 30 – October 6, 2026

Published

on

To enlarge your view of this issue, use the slider, magnifying glass icon or full page icon in the lower right corner of the browser window.

Continue Reading

Subscribe to receive news and updates from the Oakland Post

* indicates required

CHECK OUT THE LATEST ISSUE OF THE OAKLAND POST

ADVERTISEMENT

Facebook

Commentary1 month ago

Standoff for Justice: Our Homes Are Worth Fighting For

Activism1 month ago

Oakland Post: Week of August 26 – September 1, 2026

Ribbon cutting ceremony and celebration at Terminal 1, Gate 3 of Frontier Airlines at Oakland San Francisco Bay Airport. (L-R) Port of Oakland Executive Director Kristi McKenney, U.S. Representative Congresswoman Lateefah Simon (D-CA-12), Oakland Mayor Barbara Lee, Frontier Airlines Vice President of Public and Consumer Affairs Tyri Squyres, Oakland Metropolitan Chamber of Commerce president Barbara Leslie, and Port of Oakland Board President Stephanie Dominguez Walton. Photo by Carla Thomas
Business1 month ago

Frontier Airlines’ Return to Oakland Airport Brings Flights, Jobs and Opportunity

Gubernatorial Candidate Steve Hilton. File photo.
Business1 month ago

Gubernatorial Candidate Steve Hilton Blasts California New Tire Rules; Newsom Hits Back

San Francisco Chef Sharon Lee, culinary educator and owner of The Spot! Photo courtesy of Chef Sharon Lee.
Business1 month ago

Chef Sharon Lee Blends Culinary Excellence, Education and Empowerment

Jackie Wright of Wright Enterprises. Photo courtesy of Wright Enterprises.
Black History1 month ago

Jackie Wright Champions Bay Area Stories, Filmmakers and Cultural Institutions

Parents, students, and teachers fought to save Roots International Academy, an East Oakland middle school that was closed in 2019 despite broad community opposition. Photo courtesy of Oakland North.
Community3 weeks ago

Misnamed ‘Parent’ PAC Seeks to Influence Oakland School Board Elections

Business1 month ago

Oakland Coliseum Project Opens Door for Small Businesses to Build Bigger

Local and state officials gathered at the State Capitol on Aug. 18 to discuss Proposition 1, a statewide bond measure that would fund housing and homelessness programs. Oakland Mayor Barbara Lee urged voters to approve the measure on the November ballot. Pictured to Lee’s right are Assemblymember Buffy Wicks (D-Oakland), Sacramento Mayor Kevin McCarty and Sen. Christopher Cabaldon (D-West Sacramento). CBM photo by Antonio Ray Harvey.
Community1 month ago

Big City Mayors Ask for “Yes” Vote on Housing Bond Measure; Conservatives Say “No”

Michael Love. File photo.
Education1 month ago

Gov. Newsom’s Latest Appointees Include Sacramento Advocate for Formerly Incarcerated Students; State’s New Tech Chief

Post Co-Publisher Gay Plair Cobb with Brendalynn Goodall. Courtesy photo.
Business1 month ago

Longtime BWOPA Member Brendalyn Goodall Appointed to California Workforce Development Board 

Asm. Mia Bonta (D-Oakland)
Community1 month ago

Gov. Newsom Signs Law Shielding Immigration Aid Workers From Doxing Threats

California Secretary of State Shirley Weber’s appearance at the UC Student and Policy Center drew a diverse audience. Weber, California’s chief elections officer, discussed election administration, voting by mail and national debates over election integrity. CBM photo by Antonio Ray Harvey.
Community1 month ago

Secretary of State Shirley N. Weber Urges Californians to Vote Early as Voter ID Battle Intensifies

Activism4 weeks ago

Oakland Post: Week of September 2 – 8, 2026

Black History1 month ago

IN MEMORIAM: Dolly Parton Dead at 80 — How She Built a Legacy of Love and Earned Her Place in Black Culture

Trending

Copyright ©2021 Post News Group, Inc. All Rights Reserved.