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Thursday, March 29, 2007

Ind. Decisions - Voter ID decision featured in new law journal article

Prof. Rick Hasen of Election Law Blog has a new law journal article, The Untimely Death of Bush V. Gore, posted on SSRN. Access the 40-page article, and read an extended summary, here. The concluding paragraph of the summary reads:

Part III returns to the failure of the courts in the wake of Bush v. Gore. It begins by noting that the rise in election litigation that this country witnessed after Bush v. Gore continues unabated. It then uses the Supreme Court's recent opinion in Purcell v. Gonzales to show that the Court has failed to learn the lessons of Bush v. Gore. The Court's decision to issue a quick opinion, its casual empiricism, and its discouraging of pre-election litigation demonstrate that all members of the Court—both liberal and conservative Justices—are insufficiently sensitive to the kind of trouble their election administration opinions may cause. Part III concludes with an examination of Judge Posner's troubling Seventh Circuit opinion in Crawford v. Marion County Election Board upholding Indiana's voter identification law against a dissent by Judge Evans.
Crawford is, of course, the Indiana voter ID case. See this long list of earlier ILB entries on the case.

[Thanks to Legal Theory Blog for the link.]

Posted by Marcia Oddi on March 29, 2007 03:38 PM
Posted to Ind. (7th Cir.) Decisions