Louisiana Law blog
Lewis v. Hughs
Opinion Date: March 16, 2022
Judge: Stuart Kyle Duncan
Areas of Law: Civil Rights, Constitutional Law, Election Law
The Fifth Circuit concluded that plaintiffs' action challenging the constitutionality of various provisions of the Texas Election Code regulating mail-in balloting is barred by sovereign immunity. The court concluded that the Secretary does not enforce the challenged provisions and thus the district court erred in finding the Secretary was a proper defendant under Ex parte Young, 209 U.S. 123 (1908). The court reversed the district court's judgment and remanded with instructions to dismiss plaintiffs' claims.
Louisiana Law Blog
Louisiana Law, News, Issues and Comments from Attorneys at the Shoultz Law Firm