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ACLU wants SCOTUS to hear Indiana voter ID case

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The Supreme Court of the United States is now being asked to weigh in on Indiana's two-year-old voter identification law.

The American Civil Liberties Union of Indiana and Indiana Democratic Party decided separately May 16 to seek certiorari in the case. Petitions are due in mid-July.

Discussion about the Hoosier suit's trek to the nation's highest court has circled since April 5 when the 7th Circuit Court of Appeals in Chicago declined to rehear en banc the case Crawford v. Marion County Election Board, et al., No. 06-2218, which challenged the state's voter identification law that went into effect in July 2005.

That ruling was the latest in the legal scuffle initiated by Rep. William Crawford, D-Indianapolis, against Secretary of State Todd Rokita and the Marion County Election Board. The ACLU of Indiana had sued on behalf of those who could be impacted - possibly to the extent of not voting - by the law.

Opponents argued that the law would unfairly target people who might have trouble getting an ID, but U.S. District Judge Sarah Evans Barker in April 2006 ruled the law doesn't infringe on anyone's right to cast a ballot. Her ruling said opponents had not produced evidence of a single person who would not be able to vote under the law.

The federal Circuit Court upheld her ruling and the state law Jan. 4, with one of the three panelists - Judge Terrence Evans - disagreeing. In that opinion, Evans wrote in a strongly worded dissent that the state law is a "not-too-thinly-veiled attempt to discourage election-day turnout by certain folks believed to skew Democratic. ... The potential for mischief with this law is obvious."

He also wrote the court should strictly scrutinize the law and strike it down as an undue burden on the fundamental right to vote.

The Indiana ACLU's legal director Ken Falk has spent the past two months researching similar cases and is aware of court challenges nationwide that are similar to Indiana's, including Georgia, Arizona." Many states are trying to adopt these ID-based requirements, and this is an issue that's being litigated across the country," he said. "It's something that will get up there at some point."

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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