Court Upholds Voter ID Law
Finally, the country will be rescued from its long nightmare struggle with voter fraud! And if certain voters find it harder to get their ballot cast, then so be it.
The Supreme Court has ruled that states can require voters to produce photo identification without violating their constitutional rights. The decision validates Republican-inspired voter ID laws.The court vote 6-3 to uphold Indiana's strict photo ID requirement. Democrats and civil rights groups say the law would deter poor, older and minority voters from casting ballots.
As those who have followed this issue will remember, this is not a surprise. As Jeffrey Toobin put it early this year:
As a general matter, in recent years the Court has been reluctant to find what is charged in this case: a violation of the constitutional guarantee of equal protection of the laws. (The notable exception, to belabor the issue, was for a plaintiff named George W. Bush.) In the end, though, it will not be the judiciary that rescues democracy; whatever the obstacles, the problems with the ballot box must be solved at the ballot box.
A little more detail in an update from the AP:
The law "is amply justified by the valid interest in protecting 'the integrity and reliability of the electoral process,'" Justice John Paul Stevens said in an opinion that was joined by Chief Justice John Roberts and Anthony Kennedy.Justices Samuel Alito, Antonin Scalia and Clarence Thomas also agreed with the outcome, but wrote separately.
Justices Stephen Breyer, Ruth Bader Ginsburg and David Souter dissented....
"We cannot conclude that the statute imposes 'excessively burdensome requirements' on any class of voters," Stevens said.
Stevens' opinion suggests that the outcome could be different in a state where voters could provide evidence that their rights had been impaired.
But in dissent, Souter said Indiana's voter ID law "threatens to impose nontrivial burdens on the voting rights of tens of thousands of the state's citizens."
Update: Here are excerpts from the opinions from the AP.
Update: Some thoughts on the decision by voting law expert Rick Hasen.
Update: And here's Senate Judiciary Committee Chairman Patrick Leahy's (D-VT) response:












