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. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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