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Sunday, September 28, 2014

Indiana Courts - More on "Electoral Chaos in Wisconsin"; 7th Circuit denies en banc review of Sept. 12th ruling

Updating this ILB post from Sept. 16th, re the 7th Circuit decision issued Sept. 12th (only hours after oral argument) in the Wisconsin voter ID case, Frank v. Walker, the Milwaukee Journal-Sentinel reported Friday (Sept. 26th) in a story by Jason Stein headed "Bid to get full Appeals Court hearing on voter ID falls 1 vote short" that is particularly strong in breaking down the judicial voting. From the long story:

Madison — Opponents of Wisconsin's voter ID law fell just short Friday of getting a full federal appeals court to reconsider their recent loss in the case before a panel of judges.

On Sept. 12, a three-judge panel of the 7th Circuit U.S. Court of Appeals in Chicago ruled that Wisconsin could implement the law for the Nov. 4 election. The law requires voters to show a photo ID in order to vote.

Those suing over the law asked the full 10-member court to reverse that decision and came just one vote shy of getting the full 7th Circuit to hold a hearing on the case. The members of the court split 5-5 on whether to hold the hearing, which means that the request did not get a majority of votes and failed as a result.

"In the coming days, members of the court may file opinions explaining their votes," the order from the 7th Circuit reads.

Friday's order marked only the latest in a series of legal hurdles cleared — though at times narrowly — by the state's voter ID law. The law was also upheld by the Wisconsin Supreme Court in a pair of rulings last month.

There is a chance that the U.S. Supreme Court could yet consider the matter.

The five 7th Circuit judges who voted to rehear the case included two judges appointed by Republicans and three appointed by Democrats. They were: Diane P. Wood and Ann Claire Williams, both appointed by President Bill Clinton; Richard A. Posner, appointed by President Ronald Reagan; Ilana Diamond Rovner, appointed by President George H.W. Bush; and David F. Hamilton, appointed by President Barack Obama.

All five who declined to take the case were appointed by Republicans, and three of them sat on the panel that first decided the case. The five were: Joel M. Flaum, Frank H. Easterbrook and Michael S. Kanne, all of whom were appointed by Reagan; and Diane S. Sykes and John Daniel Tinder, who were both appointed by George W. Bush.

The original panel was made up of Easterbrook, Sykes and Tinder. Sykes formerly served on the Wisconsin Supreme Court.

Posted by Marcia Oddi on September 28, 2014 07:20 PM
Posted to Ind. (7th Cir.) Decisions