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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. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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