The 5th Circuit is currently holding oral argument in the #VoteByMail #26thAmendment case. The State of Texas is arguing that the Amendment's purpose was *only* to lower the voting age. My legal scholarship is misleadingly cited in support of this plainly wrong interpretation.
The State of Texas also argues that the #TwentySixthAmendment only prohibits denial of the right to vote, and not abridgment. Even the strictest originalist wouldn't argue this - look at the plain text of the Amendment "shall not be denied or abridged."
5th Circuit Judge Stewart just zeroed in on this, looking at the strict text of the #26thAmendment. The State offers double-speak: "our approach is text-driven" & an overt state action must constitute "abridgment." But that's present here: #VBM isn't universally allowed in Texas.
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