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Justices hear voter ID case arguments

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Indiana Lawyer Rehearing

"COA strikes down law" IL Sept. 30-Oct. 13, 2009

The Indiana Supreme Court heard arguments March 4 about the state's controversial voter identification law, and is considering whether the requirements impose an unconstitutional burden on some voters who can't obtain the necessary photo ID cards.

The case is League of Women Voters of Indiana and League of Women Voters of Indianapolis, et al. v. Todd Rokita, No. 49S02-1001-CV-50, and comes after the Court of Appeals struck down the law in September.

Indiana Solicitor General Thomas M. Fisher argued that Indiana precedent from 1922 allows the legislature to regulate voting as needed, as long as the requirements aren't "grossly unreasonable and not practically impossible to comply with."

Meanwhile, Indianapolis attorney Karen Celestino-Horseman for the League of Women Voters said that if the justices send the case back to Marion Superior Judge S.K. Reid for it to proceed, the league would have more time to flush out those issues and explore evidence on both sides.

All five justices posed sharp questions to both sides.

"There is a whole group out there that effectively has been denied the right to vote," Justice Robert D. Rucker said. "How can you convince us this is a system of integrity, if so many people can't find a way to vote? How does that inspire confidence that it's a system we can trust and rely on?"

Justice Frank Sullivan also wondered why no individuals have come forward as plaintiffs in the three election cycles - six or seven actual elections - since this law took effect, and he also questioned why the state hasn't had any documented cases of in-person fraud if this is such a big issue.

That was a topic several justices' questions focused on. Recognizing that some burden may exist to prevent voters from obtaining the required ID to cast a ballot in-person, they hesitated on procedural issues since the case doesn't include any affected voters as plaintiffs.

"Should people have to go to that kind of trouble, just to exercise that single most fundamental right?" Justice Sullivan asked rhetorically. "(It's) a lot to have to go through just to do that. It seems like there's a real hardship on those people to produce those documents required. But on this record, we don't have those people before us."

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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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