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Justice ponders importance of party-line vote

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As the Indiana Supreme Court justices considered the constitutionality of the state's voter ID law this week, one jurist wondered how much the legislative process might factor into the court's analysis of whether a statute is constitutional.

Justices heard arguments Thursday in League of Women Voters of Indiana and League of Women Voters of Indianapolis v. Todd Rokita, No. 49S02-1001-CV-50, which involves the highly controversial state statute passed by the Indiana General Assembly in 2005. It requires voters to show a state-issued photo ID before they're allowed to cast a ballot in person, and in the five years since that passage it's been upheld by the Supreme Court of the United States on federal grounds.

The Indiana Court of Appeals in September reversed a Marion County judge's decision on the issue, finding it unconstitutional because it doesn't equally apply to all voters and imposes qualifications that are too burdensome to some voters. Justices are considering those issues as they apply to the state constitution.

During oral arguments, Justice Frank Sullivan asked Indiana Solicitor General Tom Fisher about whether the party-line vote and legislative division factored into this analysis at all. The two were discussing how the state views the statutory requirements as a way to ensure integrity and reliability in the election process.

"Wouldn't we feel better about all of this if it hadn't been enacted on party-line votes, though?" Justice Sullivan asked.

Fisher responded that could be the case with any law, but he didn't see that as factoring into a statute's constitutionality.

"There's all kinds of laws, I'm sure over the years, that have been enacted that way, and if we started worrying about party-line votes we'd have a completely new category of constitutional challenges," he said. "What we've got here is a General Assembly, elected by the people to represent the people, that enacted a law that they thought fit the circumstances that best balanced competing concerns on access to ballots and election integrity. That's what the court is left with, and the court isn't in a position to look behind that and think about whether the motives were pure or there was enough bipartisanship. This isn't part of any constitutional analysis the courts have articulated."

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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