ILNews

D.C. attorney argues voter I.D. case

Michael W. Hoskins
January 1, 2008
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One of the most vocal civil liberties advocates battling Indiana's voter identification law won't make his pitch to the Supreme Court of the United States this week.

When the nation's highest court hears the much-anticipated arguments Wednesday morning, Indiana Solicitor General Tom Fisher will argue for the state attorney general's office. But Ken Falk, who heads the legal department of American Civil Liberties Union of Indiana, won't face the justices, nor will Indianapolis attorney William Groth, who represents the plaintiff, the Indiana Democratic Party.

Both have turned the spot over to Paul M. Smith, a partner at Jenner & Block in Washington, D.C., who's argued before the high court a dozen times.

"I lost the coin toss," Falk said, who's argued before the court twice. "But I'll be there watching."

The court's nine justices will take up a pair of Indiana cases at 10 a.m. Wednesday. The combined cases are Crawford v. Marion County Election Board, No. 07-21, and Indiana Democratic Party v. Rokita, No. 07-25, which challenge the state's nearly three-year-old voter photo ID law that has been upheld by both U.S. District Judge Sarah Evans Barker and the 7th Circuit Court of Appeals. The cases are the first arguments scheduled that morning and are expected to last about an hour.

In the days preceding the arguments, multiple parties and organizations are holding news conferences and speaking out about the controversial and highly publicized issue, which takes center stage in a presidential election year. About 40 amicus briefs have been filed for both sides, with 23 filed for the petitioners against the law and 16 supporting the respondents in favor of the state. One brief from a law professor and dean is neutral.

The Supreme Court's arguments are not televised or broadcast live, but coverage can be found online at the Indiana Lawyer Web site, as well as in the Indiana Lawyer Daily and print editions of the newspaper.
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  1. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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