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Federal judge still won't block Voter ID law

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A week before some Indiana voters go to the polls, a federal judge in Indianapolis has declined to block the state's voter identification law that's currently in flux following a state appellate court ruling in September.

U.S. Judge Larry McKinney on Monday denied a Cumberland attorney's motion for temporary injunctive relief, which would have stopped Indiana from being able to enforce its voter ID law during the Nov. 3 election.

The action comes in a federal case filed by Robbin Stewart to challenge the statute, which was passed in 2005 and has since been upheld by federal constitutional standards by the Supreme Court of the United States. Stewart filed the suit in April 2008 in Marion County, though it was later removed to the Southern District of Indiana to resolve the multiple federal and state constitutional claims. A year ago, Judge McKinney denied a request to certify a constitutional question for the Indiana Supreme Court's consideration. He also denied Stewart's first motion for preliminary injunction prior to the 2008 presidential election, and the judge referred to that previous order in denying this more recent motion.

What's changed since then, however, is an Indiana Court of Appeals ruling on Sept. 17 that struck down the state statute on grounds similar to what Stewart is arguing in his federal case. A unanimous three-judge panel for the state court reversed a ruling by Marion Superior Judge S.K. Reid, who in late 2008 upheld the state statute and found it didn't violate Indiana Constitution Article 2, Section 2 and Article 1, Section 23. Instead, the appellate judges found the law "regulates voters in a manner that's not uniform and impartial," and as a result they instructed the trial judge to enter an order declaring it void.

The Indiana Supreme Court is currently considering requests from attorneys in the state suit to weigh in on that case, but justices haven't yet made a decision to grant or deny transfer.

Stewart's case remains open and a case management plan submitted earlier this year called for a two-day trial in November; it's unknown if that will still happen.

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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