Summary
affirming summary judgment in favor of Secretary of State in case involving allegations that eSlate deprived voters of equal protection and due process and violated the Election Code
Summary of this case from Andrade v. Naacp of AustinOpinion
No. 07-51064.
July 30, 2008.
Chad Wilson Dunn, Brazil Dunn, Houston, TX, for Plaintiffs-Appellants.
Kathlyn C. Wilson, Office of the Attorney General General Litigation Division, Austin, TX, for Defendant-Appellee.
Appeal from the United States District Court for the Western District of Texas, USDC No. 1:07-CV-115.
Before JOLLY, CLEMENT, and OWEN, Circuit Judges.
We have reviewed the briefs, pertinent portions of the record, and the applicable law and have heard the arguments of counsel. We find no reversible error in the district court's grant of summary judgment, especially in the light of the Supreme Court's recent decision in Crawford v. Marion County Election Board, ___ U.S. ___, 128 S.Ct. 1610, 170 L.Ed.2d 574 (2008), which confirms that the district court appropriately applied the balancing test of Anderson v. Celebrezze, 460 U.S. 780, 103 S.Ct. 1564, 75 L.Ed.2d 547 (1983), and Burdick v. Takushi 504 U.S. 428, 112 S.Ct. 2059, 119 L.Ed.2d 245 (1992), to the constitutional claims raised. The summary judgment is AFFIRMED, essentially for the reasons given by the district court in its well-considered opinion.