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. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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