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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. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  2. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  3. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  4. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  5. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

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