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Thursday, October 17, 2013

Ind. Decisions - Yet more on: Judge Posner has second thoughts on his voter ID decision; says he didn't know enough

Adding to earlier ILB entries, Paul M. Smith, Partner, Jenner & Block, who argued the constitutional challenge to the Indiana Voter ID law in the Supreme Court in 2008, has posted a long and powerful response to Judge Posner's statement that he was wrong in the Crawford case, that concludes:

It is certainly true, as Judge Posner told the Times, that in 2007, competition between the parties had not yet “reached the peak of ferocity that it’s since achieved.” But the unfortunate approval of the Indiana law that the Seventh Circuit provided cannot fairly be blamed on how the case was litigated. As Judge Posner now recognizes, voter ID laws are “widely regarded as a means of voter suppression rather than of fraud prevention.” But Judge Posner’s dissenting colleagues recognized that all along. His was a case of judicial passivity in the face of a quite apparent affront to important constitutional values.

Posted by Marcia Oddi on October 17, 2013 04:14 PM
Posted to Ind. (7th Cir.) Decisions