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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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