ILNews

SCOTUS hears voter ID case

Michael W. Hoskins
January 1, 2008
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Arguments played out in the Supreme Court of the United States this morning on the legality of Indiana's voter identification law.

The nine justices heard an hour of arguments at 10 a.m. in the combined Hoosier cases of Crawford v. Marion County Election Board, No. 07-21, and Indiana Democratic Party v. Rokita, No. 07-25. Both challenge the state's three-year-old voter photo ID law that's been upheld by both U.S. District Judge Sarah Evans Barker and the 7th Circuit Court of Appeals.

Stakes are high. Courts have upheld voter ID laws in Arizona, Georgia and Michigan, but struck down Missouri's. Indiana has the strictest statute in the country, and the future of all these types of laws could come by late June, just in time for the general election in November.

Justices could use the case to guide courts on weighing claims of voter fraud against those of disenfranchisement, and many legal scholars point to this being the most significant voting-related case since the Supreme Court's bitterly divided decision Bush v. Gore, which clinched the 2000 presidential election for George W. Bush.

Indiana Solicitor General Tom Fisher argued for the state attorney general's office, and U.S. Solicitor General Paul Clement also argued on behalf of the government. Washington, D.C., attorney Paul M. Smith - a partner at Jenner & Block who's argued a dozen times before the court - took on the petitioners' side for the Indiana Democratic Party and American Civil Liberties Union of Indiana.

Petitioners' attorneys, Ken Falk with the ACLU of Indiana and William Groth for the Democratic Party, sat in court and observed.

Indiana Lawyer could reach neither Groth nor Fisher for comment following the proceeding, but Falk said he wasn't surprised by the tone of the arguments.

Justices focused mostly on aspects of whether the burden is real and what justification exists for the law, Falk said. Several asked how attorneys could argue no potential fraud or disenfranchisement exists, and how many people this law could hinder. A general consensus from justices seemed that some people would be burdened, Falk said. Smith argued "quite forcefully" that no justification exists, he said.

"All three who argued got questions from the court that were all over the place and went back and forth," Falk said, noting that it's nearly impossible to predict an outcome.

Falk said the packed courtroom included a handful of Hoosier officials and attorneys, including Marion County Clerk Beth White, Indiana Secretary of State Todd Rokita, and Indiana Attorney General Steve Carter. Indiana Tax Court Judge Thomas G. Fisher also attended to watch his son's arguments.

After arguments, Falk was meeting with Senators Edward Kennedy, D-Mass., and Dianne Feinstein, D-Calif., to discuss the future of voter identification statutes in the country, according to the ACLU-Indiana's Web site.

More coverage of the arguments can be found online at the Indiana Lawyer Web site, as well as in the Jan. 23 print edition of the newspaper.
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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