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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. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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