Bowfinger
Lifer
- Nov 17, 2002
- 15,776
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Perhaps you missed this, from the other threads, re. the Crawford vs. Indiana SCOTUS decision. Third time's a charm?:SCOTUS would be overturning its own precedent if they invalidated these laws. Progressives are acting like the GOP did with Obama are and making all or nothing bets in opposition to the laws trying to kill them. It didn't work with Obamacare and won't now either. Progressives need to come up with their own reasonable alternative that isn't "do nothing" lest they get completely shut out and have to suffer under whatever rules the Republicans come up with.
Umm, that's NOT what the Crawford decision says. On the contrary, it acknowledges that the Indiana law does create a burden for some eligible voters, even with the free ID and provisional ballot accommodations. The petitioners filed a facial challenge to the law, attempting to have the entire law struck down as unconstitutional. The majority ruled that the petitioners did not provide enough evidence to prove the impact justified that extreme remedy. Consequently, the Court deferred to the State's right to manage its own elections, refusing to strike down the entire law based on the evidence provided.My opinion (which is just as worthless as yours) is that the clear text of the Crawford decision about gathering underlying documents not being a burden will be reaffirmed.
There was a comment suggesting the petitioners might have prevailed had they either focused on specific impacted classes or been able to better quantify the number of eligible voters harmed. It would be interesting to see how a similar suit would fare today, given there is so much more data available now. It's also interesting that the court acknowledged the State failed to show any evidence of in-person voter impersonation, and that there was partisan motivation behind the law.
