Tuesday, April 29, 2008

IN ID

The Supreme Court weighed in on Indiana's voter ID law, which requires a picture ID for people to vote. Me thinks the state's Dems need to come up with a GOTVID drive.
The NYTimes (via Greenhouse) offers the split in the majority, along with the minority view. You can find all of the opinions in their entirety through links in the NYTimes article.
Voting experts said the ruling was likely to complicate election administration, leading to both more litigation and more legislation, at least in states with Republican legislative majorities, but would probably have a limited impact on this year’s presidential voting.

The issue has been intensely partisan, with Republicans supporting increased identification requirements for voters and Democrats opposing them. In what the court described as the “lead opinion,” which was written by Justice John Paul Stevens and joined by Chief Justice John G. Roberts Jr. and Justice Anthony M. Kennedy, the court acknowledged that the record of the case contained “no evidence” of the type of voter fraud the law was ostensibly devised to detect and deter, the effort by a voter to cast a ballot in another person’s name.

But Justice Stevens said that neither was there “any concrete evidence of the burden imposed on voters who now lack photo identification.” The “risk of voter fraud” was “real,” he said, and there was “no question about the legitimacy or importance of the state’s interest in counting only the votes of eligible voters.”

The three others who made up the majority, Justices Antonin Scalia, Clarence Thomas, and Samuel A. Alito Jr., said in an opinion by Justice Scalia that the law was so obviously justified as “a generally applicable, nondiscriminatory voting regulation” that there was no basis for scrutinizing the record to assess the impact on any individual voters. “This is an area where the dos and don’ts need to be known in advance of the election,” Justice Scalia said.

In a dissenting opinion, Justice David H. Souter said that for those on whom the law had an impact, the burden was “serious” and the state had failed to justify it. Like the Virginia poll tax the court struck down 42 years ago, he said, “the onus of the Indiana law is illegitimate just because it correlates with no state interest so well as it does with the object of deterring poorer residents from exercising the franchise.” The other dissenters were Justices Ruth Bader Ginsburg and Stephen G. Breyer.
SCOTUSblog has more HERE.

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