ILNews

UPDATE: Voter ID questions remain

Michael W. Hoskins
January 1, 2008
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Hoosier voters should be ready to show their government-issued photo identification at the polls next week after the Supreme Court of the United States gave a green light to Indiana's voter ID law. Other states may follow suit following the high court's ruling Monday that upheld Indiana's three-year-old statute. But voters and the legal community should be just as ready for a new wave of Election Day regulation and subsequent litigation because six justices agreed to some extent that voters could be burdened by the law. The debate comes following a fractured 6-3 decision Monday in William Crawford, et al. v. Marion County Election Board, et al., No. 07-21, and Indiana Democratic Party, et al. v. Todd Rokita, No. 07-25, a pair of consolidated cases. Opponents argued that the 2005 law would unfairly target people who might have trouble getting an ID, while the state contended it needed the right to impose the rules to prevent voter fraud. But the plurality opinion led to justices conceding that the law could impose some special burden on some voters, though the record doesn't have enough evidence to show what that burden is and that it's severe enough to overturn the state statute entirely. "They haven't completely slammed the courthouse door shut, but it's going to be problematic whether the right set of facts will come along to convince judges this (type of law) should be struck down 'as applied,'" said William Groth, an attorney who represented the Indiana Democratic Party. "It is hard to read Justice (John Paul) Stevens' majority opinion and come away with any clear guidelines." The decision came eight days before Hoosiers head to the polls for the May 6 primary, when a record turnout is expected. During a conference call with media Monday afternoon, Indiana Secretary of State Todd Rokita called the ruling a "clear cut victory" for states wanting to impose voter ID rules. He said at least 25 states had called his office about the case since it was argued in early January, and now this ruling can serve as a roadmap for those jurisdictions wanting to initiate similar reforms. About 20 states already have some type of voter ID regulation. But debate is already rampant about the ultimate meaning of this decision and what comes next. Ken Falk, legal director for the American Civil Liberties Union of Indiana, said Monday that he was disappointed but also encouraged by the possibilities left open by the court. If the law does burden voters at the polls next week, that could lead to more ammunition for future litigation. Election law professor Richard Hasen at Loyola Law School in Los Angeles, who'd filed an amicus curiae brief in the cases, said the six justices who voted to uphold the law did so for different reasons and only three offered a strict interpretation of defending the law. That means uncertainty for lower courts on this issue, he said. Justice Stevens authored the majority's 21-page opinion, with Chief Justice John Roberts and Justice Anthony Kennedy concurring; Justices Antonin Scalia, Clarence Thomas, and Samuel Alito concurred in result with a separate opinion, while Justices David Souter, Ruth Bader Ginsburg, and Stephen Breyer dissented, calling the Indiana statute unconstitutional.

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  1. 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

  2. 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.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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