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Network for Public Health Law
Constitutional Rights and the Public’s Health

Texas Democratic Party v. Abbott

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Overview

Texas Democratic Party v. Abbott (U.S. Court of Appeals, Fifth Circuit, October 14, 2020): The Fifth Circuit concluded that a Texas statute requiring voters under age 65 to provide a justification for voting by mail was not, on its own, unconstitutional via the 26th Amendment “right to vote” protections, regardless of the COVID-19 pandemic. Under Texas Law, only voters 65 years and older may vote by mail without providing an excuse. The Texas Democratic Party and several voters challenged the law, alleging it violated either the 26th Amendment or the 14th Amendment’s equal protection clause of the U.S. Constitution. The lower court concluded that treating older voters differently than younger voters violated the 26th Amendment. The appellate court found no denial or abridgment of the right to vote contrary to the 26th Amendment. However, the court remanded for the case for lower court consideration of the “real issue” – equal protection. Read the full opinion here. 

View all cases in the Judicial Trends in Public Health – November 16, 2020.

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