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Justice ponders importance of party-line vote

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As the Indiana Supreme Court justices considered the constitutionality of the state's voter ID law this week, one jurist wondered how much the legislative process might factor into the court's analysis of whether a statute is constitutional.

Justices heard arguments Thursday in League of Women Voters of Indiana and League of Women Voters of Indianapolis v. Todd Rokita, No. 49S02-1001-CV-50, which involves the highly controversial state statute passed by the Indiana General Assembly in 2005. It requires voters to show a state-issued photo ID before they're allowed to cast a ballot in person, and in the five years since that passage it's been upheld by the Supreme Court of the United States on federal grounds.

The Indiana Court of Appeals in September reversed a Marion County judge's decision on the issue, finding it unconstitutional because it doesn't equally apply to all voters and imposes qualifications that are too burdensome to some voters. Justices are considering those issues as they apply to the state constitution.

During oral arguments, Justice Frank Sullivan asked Indiana Solicitor General Tom Fisher about whether the party-line vote and legislative division factored into this analysis at all. The two were discussing how the state views the statutory requirements as a way to ensure integrity and reliability in the election process.

"Wouldn't we feel better about all of this if it hadn't been enacted on party-line votes, though?" Justice Sullivan asked.

Fisher responded that could be the case with any law, but he didn't see that as factoring into a statute's constitutionality.

"There's all kinds of laws, I'm sure over the years, that have been enacted that way, and if we started worrying about party-line votes we'd have a completely new category of constitutional challenges," he said. "What we've got here is a General Assembly, elected by the people to represent the people, that enacted a law that they thought fit the circumstances that best balanced competing concerns on access to ballots and election integrity. That's what the court is left with, and the court isn't in a position to look behind that and think about whether the motives were pure or there was enough bipartisanship. This isn't part of any constitutional analysis the courts have articulated."

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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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