ILNews

District judge sends voter ID suit back

Back to TopCommentsE-mailPrintBookmark and Share
Indiana Lawyer Rehearing

"Courts coordinate voter ID cases" IL Jan. 6-19, 2010

A federal judge ruled against a Cumberland man in his federal challenge to Indiana's voter identification law, but has remanded his pending state claims back to Marion Superior Court where the case initially started.

In the case of Robbin Stewart v. Marion County, et al., No. 1:08-CV-586, U.S. District Judge Larry J. McKinney in the Southern District of Indiana granted summary judgment April 16 for Marion County, Clerk Beth White, and the State of Indiana. The case challenged the state's voter ID law that's been upheld on one front by the Supreme Court of the United States and is currently pending on state issues before the Indiana Supreme Court. Stewart initially filed the case in state court in 2008, but it was removed to federal court. He argued the law violates the First, Fourth, 14th, and 24th amendments to the U.S. Constitution.

The judge ruled that Stewart's First and 14th amendment claims are fore- closed by the decisions that went to the SCOTUS in Indiana Democratic Party v. Rokita, 458 F. Supp.2d 775 (S.D. Ind. 2006), and Crawford v. Marion County Election Board, 553 U.S. 181 (2008). He also ruled that claims on the voter ID law being a poll tax should also fail because the 7th Circuit already noted that it's not a poll tax in Crawford. Stewart's Fourth Amendment challenge failed because those rights aren't affected, and there was no impact on his rights because he had a choice to not present his license in order to vote or fill out a provisional ballot.

"Even if requiring identification at the polls does constitute a search, it still does not violate the Fourth Amendment," Judge McKinney wrote. "... The State of Indiana has an important interest in preventing voter fraud. Asking every voter who appears at the polls for identification in a consistent manner is a lawful means of serving this interest."

The judge decided not to exercise supplemental jurisdiction over Stewart's pending claims under Indiana state law and remanded the case to Marion Superior Court for consideration. The remand comes after the Indiana Supreme Court heard arguments in March in League of Women Voters of Indiana, et al. v. Rokita,
No. 49S02-1001-CV-00050, which challenges the voter ID law on state claims and last year saw the Indiana Court of Appeals strike it down as unconstitutional.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

ADVERTISEMENT