District judge sends voter ID suit back

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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.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.