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. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

ADVERTISEMENT