Thursday, January 10, 2008

A SCOTUS Struggle Over Voter Identification Requirements

Yesterday, the Supreme Court heard argument on the validity of an Indiana law requiring voters to show photo ID at the polls.  From SCOTUSblog:

Only two Justices — Ruth Bader Ginsburg and John Paul Stevens — even hinted at the real-world fact that the photo ID law in Indiana is at the heart of a bitter, ongoing contest reaching well beyond Indiana. It is a dispute between Republicans worried over election fraud supposedly generated by Democrats to pad their votes, and Democrats worried over voter suppression supposedly promoted by Republicans to cut down their opposition. The abiding question at the end: can a decision be written that does not itself sound like a political, rather than a judicial, tract? Can the Court, in short, avoid at least the appearance of another Bush v. Gore?

At issue in the consolidated cases of Crawford v. Marion County Election Board (07-21) and Indiana Democratic Party v. Rokita (07-25) is the constitutionality of a 2005 Indiana law that voters who show up at the polls without a photo ID will be allowed only to cast a provisional ballot, to be validated later at another place only if they can travel there and then prove identity. It has been upheld by the Seventh Circuit Court, leading to appeals to the Supreme Court by Democrats or their state party apparatus.

More here.

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