Texas is asking a federal panel weighing its photo ID requirement for voters to allow it to challenge the constitutionality of a key provision of the Voting Rights Act.
In a filing Wednesday to a three-judge panel in Washington, Texas asked to submit a petition charging that Section 5 of the Voting Rights Act violates the 10th Amendment.
As a state with a history of voter discrimination, Texas is required under that section of the Voting Rights Act to get advance approval from Washington on voting changes.
On Monday, the Justice Department declared that Texas' photo ID rule could disenfranchise hundreds of thousands of registered Hispanics statewide.
The Justice Department's objection sent the case to the federal panel.
Texas now wants to argue the larger Voting Rights Act itself.