TX Democratic Party, et al v. Williams

Filing 920080730


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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED July 30, 2008 No. 07-51064 Charles R. Fulbruge III Clerk TEXAS DEMOCRATIC PARTY; BOYD L RICHIE, in his capacity as Chairman of the Texas Democratic Party Plaintiffs-Appellants v. ROGER WILLIAMS, in his capacity as Secretary of State for the State of Texas 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. PER CURIAM:* 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, 128 S. Ct. 1610 (2008), which confirms that the district court Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * No. 07-51064 appropriately applied the balancing test of Anderson v. Celebrezze, 460 U.S. 780 (1983), and Burdick v. Takushi, 504 U.S. 428 (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. 2

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