ILNews

UPDATE: Voter ID questions remain

Michael W. Hoskins
January 1, 2008
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Hoosier voters should be ready to show their government-issued photo identification at the polls next week after the Supreme Court of the United States gave a green light to Indiana's voter ID law. Other states may follow suit following the high court's ruling Monday that upheld Indiana's three-year-old statute. But voters and the legal community should be just as ready for a new wave of Election Day regulation and subsequent litigation because six justices agreed to some extent that voters could be burdened by the law. The debate comes following a fractured 6-3 decision Monday in 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, a pair of consolidated cases. Opponents argued that the 2005 law would unfairly target people who might have trouble getting an ID, while the state contended it needed the right to impose the rules to prevent voter fraud. But the plurality opinion led to justices conceding that the law could impose some special burden on some voters, though the record doesn't have enough evidence to show what that burden is and that it's severe enough to overturn the state statute entirely. "They haven't completely slammed the courthouse door shut, but it's going to be problematic whether the right set of facts will come along to convince judges this (type of law) should be struck down 'as applied,'" said William Groth, an attorney who represented the Indiana Democratic Party. "It is hard to read Justice (John Paul) Stevens' majority opinion and come away with any clear guidelines." The decision came eight days before Hoosiers head to the polls for the May 6 primary, when a record turnout is expected. During a conference call with media Monday afternoon, Indiana Secretary of State Todd Rokita called the ruling a "clear cut victory" for states wanting to impose voter ID rules. He said at least 25 states had called his office about the case since it was argued in early January, and now this ruling can serve as a roadmap for those jurisdictions wanting to initiate similar reforms. About 20 states already have some type of voter ID regulation. But debate is already rampant about the ultimate meaning of this decision and what comes next. Ken Falk, legal director for the American Civil Liberties Union of Indiana, said Monday that he was disappointed but also encouraged by the possibilities left open by the court. If the law does burden voters at the polls next week, that could lead to more ammunition for future litigation. Election law professor Richard Hasen at Loyola Law School in Los Angeles, who'd filed an amicus curiae brief in the cases, said the six justices who voted to uphold the law did so for different reasons and only three offered a strict interpretation of defending the law. That means uncertainty for lower courts on this issue, he said. Justice 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 Indiana statute unconstitutional.

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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