ILNews

AG urges court not to review voter ID law

Michael W. Hoskins
January 1, 2007
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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."
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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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