ILNews

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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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