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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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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