March 17th, 2022

Lewis v. Hughs

Docket: 20-50654
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.

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