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Justices hear voter ID case arguments

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Indiana Lawyer Rehearing

"COA strikes down law" IL Sept. 30-Oct. 13, 2009

The Indiana Supreme Court heard arguments March 4 about the state's controversial voter identification law, and is considering whether the requirements impose an unconstitutional burden on some voters who can't obtain the necessary photo ID cards.

The case is League of Women Voters of Indiana and League of Women Voters of Indianapolis, et al. v. Todd Rokita, No. 49S02-1001-CV-50, and comes after the Court of Appeals struck down the law in September.

Indiana Solicitor General Thomas M. Fisher argued that Indiana precedent from 1922 allows the legislature to regulate voting as needed, as long as the requirements aren't "grossly unreasonable and not practically impossible to comply with."

Meanwhile, Indianapolis attorney Karen Celestino-Horseman for the League of Women Voters said that if the justices send the case back to Marion Superior Judge S.K. Reid for it to proceed, the league would have more time to flush out those issues and explore evidence on both sides.

All five justices posed sharp questions to both sides.

"There is a whole group out there that effectively has been denied the right to vote," Justice Robert D. Rucker said. "How can you convince us this is a system of integrity, if so many people can't find a way to vote? How does that inspire confidence that it's a system we can trust and rely on?"

Justice Frank Sullivan also wondered why no individuals have come forward as plaintiffs in the three election cycles - six or seven actual elections - since this law took effect, and he also questioned why the state hasn't had any documented cases of in-person fraud if this is such a big issue.

That was a topic several justices' questions focused on. Recognizing that some burden may exist to prevent voters from obtaining the required ID to cast a ballot in-person, they hesitated on procedural issues since the case doesn't include any affected voters as plaintiffs.

"Should people have to go to that kind of trouble, just to exercise that single most fundamental right?" Justice Sullivan asked rhetorically. "(It's) a lot to have to go through just to do that. It seems like there's a real hardship on those people to produce those documents required. But on this record, we don't have those people before us."

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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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