According to a federal appeals court, Texas’ voter ID law violates the Voting Rights Act and is discriminatory. But it is the court, not the state of Texas, that is engaging in discrimination, according to Conservative Review senior editor Daniel Horowitz.

“You are discriminating against everyone, every U.S. citizen is being discriminated against when you knowingly, with empirical data, have people not eligible to vote, noncitizens, voting and diluting the franchise,” Horowitz told WND in an interview. “So they are the ones engaging in disenfranchisement.”

The 5th U.S. Circuit Court of Appeals instructed a lower court Wednesday to make changes to fix the “discriminatory effect” of the 2011 Texas voter ID law.

The law requires Texas residents to show one of seven forms of identification before voting. Supporters of the law claim it prevents voter fraud, while opponents say it requires forms of ID that are more difficult to produce for black, Latino and impoverished voters.

The 5th Circuit ruling came after a three-judge panel ruled last year the law violated the Voting Rights Act. The lower court must now remove the alleged “discrimination” from the law before this November’s elections.

Horowitz said if there was ever a court case that exemplified the thesis of his new book “Stolen Sovereignty: How to Stop Unelected Judges From Transforming America,” it’s this one.

He argues the courts have swiped power that rightfully belongs to state and federal legislatures and made decisions that are fundamentally transforming American society. And because judges are unelected, the American people have no say in this societal transformation.

For Horowitz, the Texas ID case is a double whammy because it involves the federal courts meddling in legislative affairs and state affairs.

“Article I, Section 4 [of the U.S. Constitution] provides the states with almost full authority over prescribing the manner in which elections are conducted, and the federal government was only supposed to meddle in it in extraordinary circumstances, and that was Congress, certainly not the courts,” Horowitz revealed.

He noted the irony in the courts using the Voting Rights Act to gut the Texas law.

“The Voting Rights Act was the law that protects primarily blacks from being disenfranchised,” Horowitz advised. “They’re now coming full circle and misinterpreting it in order to disenfranchise all U.S. citizens by greenlighting voter fraud.”

The Voting Rights Act, Horowitz noted, was meant to prevent literacy tests, poll taxes and other nefarious forms of discrimination against blacks. He laughs at the idea a photo ID requirement constitutes discrimination.

“The notion that just requiring a photo ID that is required for so many aspects of everyone’s life to conduct a normal life these days, that that would be considered invidious and potentially discriminatory is just absurd,” Horowitz said.

According to Fox News, opponents of the Texas law claimed it caused various bureaucratic and economic burdens, including “difficulty in finding and purchasing a proper birth certificate to obtain an ID.”

The American Civil Liberties Union cited testimony in other states that their voter ID laws caused “burdensome travel and expenses to get required documentation to obtain ID.”

Who REALLY rules America? Stand up against the unelected tyrants in black. Find out how in “Stolen Sovereignty: How to Stop Unelected Judges From Transforming America.” Available now at the WND Superstore!

But Horowitz wonders how such people make bank transfers, buy over-the-counter drugs, file their income taxes or generally function in society if they don’t have a valid ID.

“The notion that there is a human being around that does not have photo ID for anything else in life that is needed, but somehow will be there at the polling place without a photo ID, is just absurd,” he scoffed. “It’s the biggest straw man around.”

Horowitz pointed out Texas allows residents to apply, free of charge, for an Election Identification Certificate if they do not possess any of the seven valid forms of ID required to vote. To get this card, applicants must verify their identity, U.S. citizenship and eligibility to vote in Texas.

So what’s the problem with the voter ID law?

“There literally is no other reason someone could oppose it other than the purpose of engaging in fraudulent voting, and that always seems to benefit one party,” Horowitz declared.

He said one can’t ignore the politics of this situation. Nationwide, 14 percent of all noncitizens are illegally registered to vote, and noncitizens tend to vote Democratic.

“So the legal profession, which is overrun by leftists, has a vested interest in ensuring that Democrats are able to muster as many votes as possible, and what better way than to expand the pie?” he asked.

However, far more important to Horowitz is what the Texas case reveals about how broken the court system is. In fact, he said the courts are far past the point where conservatives could fix them by simply electing a Republican president who appoints constitutionalist judges.

He said the 5th Circuit Court of Appeals, which decided the Texas case, is possibly the most conservative-friendly circuit court in the country given its current composition. Ten judges were appointed by Republican presidents while only five were appointed by Democrats. Yet not even a commonsense voter ID law could make it through that court unscathed, because four GOP-appointed judges joined the five Democratic appointees to form a majority that ruled against the law.

“So again, it proves the point that no matter how radical, no matter what a contortion of either a statute or the Constitution the decision is, if the outcome benefits Democrats, every single Democrat appointee without exception will join with them,” Horowitz lamented. “But on the Republican side, it’s not like all the Republicans will vote in lockstep. About a third to half of them will go along with the Democrats. So it is a permanent imbalance that we are not going to solve.”

If the most conservative circuit won’t side with sensible voter ID, none of the other, more liberal circuits will either, said Horowitz. Also, if so many Republican-appointed judges adopt liberal positions, what hope do conservatives have to turn the courts in their favor?

“When people say the courts hang in the balance, it’s just not true,” Horowitz said. “They have already fallen off the abyss, irretrievably so, and that’s why any effort to solve the problem cannot only be focused on just trying to pick your own judges. It has to be wholesale judicial reform, wholesale restoring of the proper role of the courts through Congress exercising their power to protect the states.”

Who REALLY rules America? Stand up against the unelected tyrants in black. Find out how in “Stolen Sovereignty: How to Stop Unelected Judges From Transforming America.” Available now at the WND Superstore!

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