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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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