Archive for January 9th, 2008

Crawford Voter ID Case Heard By Supreme Court

The legal challenge to the much-debated Indiana “Voter ID” law has finally been heard by the U.S. Supreme Court.

An initial reaction from election law scholar Rick Hasen at Election Law Blog:

“If Justice Kennedy is indeed troubled by certain aspects of the Indiana law (such as the two-trip requirement for indigent voters), the best result from the point of view of discouraging election litigation is to strike down the law, pointing out the flaws with the law, and telling the Indiana legislature to pass a revised law without the objectionable portions. This is what happened, to some extent, with the Georgia voter id law. A court struck it down, pointing to its most vulnerable sections, and the Georgia legislature rewrote the law, making it somewhat less severe.

Some have called this case Bush v. Gore II because of the possible 5-4 split on the Court, with a 5 justice majority seen issuing an opinion that helps Republicans and harms Democrats. I see a different parallel: Just as Bush v. Gore has spawned a great deal of election law litigation (statistics in my earlier cited articles), Crawford too has that potential. It is not a result that would be good for the country.”

Much more commentary is appearing now that oral arguments have concluded. See SCOTUSBlog and Election Law @ Moritz.

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