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UPDATE: SCOTUS upholds Indiana voter ID law

Michael W. Hoskins
January 1, 2008
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A week before Hoosier voters head to the polls, the nation's highest court has upheld Indiana's law requiring voters to show identification before casting a ballot.

The Supreme Court of the United States issued its decision, this morning in the pair of consolidated Hoosier cases William Crawford, et al. v. Marion County Election Board, et al., No. 07-21, and Indiana Democratic Party, et al. v. Todd Rokita, No. 07-25. The decision rejected the constitutional challenge to the strictest voter ID law in the nation and dismissed any uncertainty that may have existed going into the May 6 primary. In a 6-3 decision, the court didn't have a clear majority and only three wanted a broad interpretation defending the state's almost three-year-old law. The result is what election law scholars had predicted might happen because of limited evidence of voter burden or voter fraud in the record at the lower court levels, though it paves the way for more questions on this issue in the future. "This is by no means a ringing endorsement of voter ID laws," said Ken Falk, legal director for the American Civil Liberties Union of Indiana, which lost its constitutional challenge to the Hoosier statute but finds encouragement in the justices' writing. "Yes, we lost, and we're disappointed. But what's interesting is the plurality opinion that says there wasn't evidence in this case ... but there's a chance for others." Opponents argued that the 2005 law would unfairly target people who might have trouble getting an ID, but U.S. District Judge Sarah Evans Barker in Indianapolis ruled in April 2006 that the law doesn't infringe on anyone's right to cast a ballot. She focused on the fact that opponents had not produced evidence of a single person who would not be able to vote under the law, which is a point the 7th Circuit Court of Appeals joined her on when affirming the decision last year. This decision affirms the 7th Circuit's ruling. Other attorneys on the consolidated cases couldn't be reached for comment at IL deadline. Justice John Paul Stevens authored the majority's 21-page opinion, with Chief Justice John Roberts and Justice Anthony Kennedy concurring; Justices Antonin Scalia, Clarence Thomas, and Samuel Alito concurred in result with a separate opinion, while Justices David Souter, Ruth Bader Ginsburg, and Stephen Breyer dissented, calling the Hoosier statute unconstitutional. In the lead opinion, justices conceded that the law could impose some special burden on some voters but that the record doesn't have enough evidence to show what that burden is and whether it's severe enough to overturn the state statute. "When we consider only the statute's broad application to all Indiana voters, we conclude that it imposes only a limited burden on voters' rights," Justice Stevens wrote in the lead opinion, citing Burdick v. Takushi, 504 U.S. 439 (1992). "The application of the statute to the vast majority of Indiana voters is amply justified by the valid interest in protecting 'the integrity and reliability of the electoral process.'" The conclusion reached by the court as a whole is that the law may be unconstitutional as applied to a small number of voters who must incur cost in order to obtain the ID, but because this case has no such voters as plaintiffs, it fails to reach that claim. In a concurring opinion, Justice Scalia cautions that the lead opinion could result in more litigation because it relies on the record and, in this particular case, doesn't have enough evidence to show a special burden is severe enough to warrant strict scrutiny of the entire statute. "The Indiana photo-identification law is a generally applicable, nondiscriminatory voting regulation that individual impacts are relevant to determining the severity of the burden it imposes," he wrote, adding later that it's a "universally applicable" and "eminently reasonable" statute. "Even if I thought that stare decisis did not foreclose adopting an individual-focused approach, I would reject it as an original matter. This is an area where the dos and don'ts need to be known in advance of the election, and voter-by-voter examination of the burdens of voting regulations would prove especially disruptive. A case-by-case approach naturally encourages constant litigation." Justice Souter, in his 30-page dissent, found the lead opinion's logic about limited burdens "far from trivial" and wrote the statute threatens to impose nontrivial burdens on tens of thousands Hoosier voters. "The Indiana Voter ID law is thus unconstitutional: the state interests fail to justify the practical limitations placed on the right to vote, and the law imposes unreasonable and irrelevant burden on voters who are poor and old," Justice Souter wrote, adding that he would vacate the 7th Circuit's ruling and remand. Justice Breyer issued a dissent that weighed the statute's voting-related interests with voter burdens, detailing what other states have done and finding that Indiana's law imposes greater burdens than those jurisdictions or a federal commission that had made national recommendations on voter ID regulations. Falk said he's encouraged by the plurality decision. "This isn't sour grapes, we understand we lost and this case is over," he said. "But it leaves open the possibility that if this law does what we think it will and burdens the right to vote, then those people will have judicial recourse."
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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