ILNews

AG urges court not to review voter ID law

Michael W. Hoskins
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The nearing 2008 presidential election is a key reason why the Supreme Court of the United States should not accept a challenge to Indiana's two-year-old voter identification law, the Indiana Attorney General's Office argues in a brief filed with the nation's highest court.

Even while recognizing that the constitutionality of voter identification laws is a significant question that may eventually need review, the 29-page brief filed this week urges the court to deny a petition for certiorari.

This reply follows the July petition by the American Civil Liberties Union of Indiana asking justices to consider whether the state's law mandating in-person voters to produce a photo identification violates the First or 14th Amendments. In April, the 7th Circuit Court of Appeals declined a rehearing en banc of the case Crawford v. Marion County Election Board, et al., No 06-2218, which challenged the law that took effect in July 2005. The 7th Circuit had previously affirmed a district judge's ruling that the law wasn't unconstitutional. Rep. William Crawford, D-Indianapolis, sued Secretary of State Todd Rokita and the Marion County Election Board, and the ACLU-Indiana had sued on behalf of those who could be impacted by the law, possibly to the extent of not voting.

The ACLU of Indiana points to the nearing 2008 presidential election and unresolved questions as reason to take this case, while the state contends the opposite and attempts to poke holes in the plaintiffs' overall case.

"Unless there is something inherently cert-worthy about all lower court decisions that uphold new voting regulations, there is nothing about this case that justifies this Court's review," the brief states. "No appellate court - state or federal - has ruled that voter identification laws of any sort violate the United States Constitution."

But even if that constitutionality question "were to be of interest generally to this Court," the brief argues this case isn't the right vehicle to address that. Furthermore, granting review now could "prompt a raft of last-minute voter identification challenges that would disrupt presidential primaries."

The AG's brief suggests the court wait until after the next general election to address this issue, as it would then be able to use election information as evidence on how the law's work.

"If voter identification laws are proliferating nationally, the Court should have far better opportunities for reviewing such laws after the 2008 elections when granting review will not precipitate emergency, election-eve challenges, and when an actual record of enforcement experience can inform the Court's decision."
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

  2. I was looking through some of your blog posts on this internet site and I conceive this web site is rattling informative ! Keep on posting . dfkcfdkdgbekdffe

  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

ADVERTISEMENT