Fifth Circuit Allows 2021 Texas Election Integrity Law To Finally Go Into Effect

In 2021, the Texas Legislature enacted a law regulating mail-in ballots. But over the past five years, there has been a never-ending series of injunctions issued by Judge Xavier Rodriguez in the Western District of Texas. Each injunction was later stayed and reversed by the Fifth Circuit, only to be followed by another injunction Finally, at long last, the Fifth Circuit has reversed the District Court’s injunction “in its entirety.”

The bulk of the plaintiffs’ claims fail for lack of standing. One fails on the merits. But none justifies interference with the State Legislature’s efforts to prevent voter fraud and to protect election integrity.

The district court’s decision awarding permanent injunctive relief is REVERSED in its entirety.

Judge Oldham’s opinion lays out the remarkable history of this case:

As so often happens in modern America, a federal district judge then countermanded the Legislature with sweeping facial injunctions. We have been staying, vacating, and reversing those injunctions ever since. See, e.g., United States v. Paxton, No. 23-50885 (5th Cir. Dec. 15, 2023), ECF No. 80-1 (granting stay pending appeal of injunction under the Civil Rights Act of 1964); United States v. Paxton, 148 F.4th 335 (5th Cir. 2025) (reversing order issuing permanent injunction under the Civil Rights Act of 1964); La Union Del Pueblo Entero v. Abbott, No. 24-50826 (5th Cir. Apr. 1, 2025), ECF No. 246-2 (granting stay pending appeal of injunction under § 208 of the Voting Rights Act); La Union Del Pueblo Entero v. Abbott, 151 F.4th 273 (5th Cir. 2025) (reversing order issuing permanent injunction under § 208 of the Voting Rights Act), cert. denied sub nom., La Union v. Paxton, 2026 WL 1855021 (U.S. June 29, 2026) (No. 25-904), and cert. denied sub nom., OCA – Greater Hou. v. Paxton, 2026 WL 1855121 (U.S. June 29, 2026) (No. 25-916); La Union Del Pueblo Entero v. Abbott, 119 F.4th 404 (5th Cir. 2024) (granting stay pending appeal of injunction under the First and Fourteenth Amendments); La Union del Pueblo Entero v. Abbott, 167 F.4th 743 (5th Cir. 2026) (reversing order issuing permanent injunction under the First and Fourteenth Amendments). [FN1]

[FN1] The above list does not tell the full story. Across the appeals from this consolidated lawsuit, we have reversed the district court on everything—from denials of motions to intervene, to denials of legislative privilege, to denials of motions to dismiss on sovereign immunity grounds. See, e.g., La Union del Pueblo Entero v. Abbott, 29 F.4th 299 (5th Cir. 2022) (reversing denial of local and national Republican Committees’ motion to intervene as defendants); La Union Del Pueblo Entero v. Abbott, 68 F.4th 228 (5th Cir. 2023) (reversing denial of legislative privilege to individual legislators); La Union del Pueblo Entero v. Abbott, 93 F.4th 310 (5th Cir. 2024) (reversing denial of legislative privilege to defendant Republican Committees for communications with the Texas Legislature); Mi Familia Vota v. Ogg, 105 F.4th 313 (5th Cir. 2024) (dismissing claims against District Attorney Kim Ogg under Ex parte Young on sovereign immunity grounds); La Union del Pueblo Entero v. Nelson, 163 F.4th 239 (5th Cir. 2025) (similar as to certain claims against Attorney General Ken Paxton and Secretary of State Jane Nelson). In short, we have been playing an exhausting game of Whac-A-Mole to correct the district court’s mishandling of this case.

There are several judges in the Western District of Texas who effectively exercise a veto over everything Governor Abbott signs into law. I would hope the Fifth Circuit’s rebuke in this case would send a signal to the Western District, but I am doubtful.