Category Archives: election law

Supreme Court Series: Election Law, Free Speech, & Preemption

The Supreme Court Series continues on September 29th at 1pm in the Courtroom with a discussion regarding developments in the areas of election law, free speech, and preemption.  Featuring Profs. Richard Reuben and Christina Wells.

SCOTUS says to St. Mary’s Convent:

“Too bad, Sister.”

SCOTUS upholds Indiana Voter ID law

In a result that is sure to set off a string of similar legislation across the country in preparation for the upcoming election, the Supreme Court upheld the 7th Circuit’s decision regarding the constitutionality of Indiana’s Voter ID statute.  Below is the summary from the opinion’s syllabus.  You can get a copy of the decision here (courtesy of SCOTUSblog and their amazing ability to post it before the Court does)

After Indiana enacted an election law (SEA 483) requiring citizens voting in person to present government-issued photo identification, petitioners filed separate suits challenging the law’s constitutionality.

Following discovery, the District Court granted respondents summary judgment, finding the evidence in the record insufficient to support a facial attack on the statute’s validity. In affirming, the Seventh Circuit declined to judge the law by the strict standard set for poll taxes in Harper v. Virginia Bd. of Elections, 383 U. S. 663, finding the burden on voters offset by the benefit of reducing the risk of fraud.

Held: The judgment is affirmed.

Update: See Court rejects voter ID challenge; no new grants (SCOTUSblog) for a quick rundown of the opinion and Supreme Court Upholds Voter ID Law in Indiana (AP via NYT) for the earliest news coverage.

Update #2: See MU Professor Says U.S. Supreme Court’s Decision to Uphold Voter ID Law Should Not Revive Stricken Missouri State Law (MU News Bureau) for analysis on the potential Missouri impact by MU Law Professor Reuben, Initial Thoughts on the Supreme Court’s Opinion in Crawford, the Indiana Voter Identification Case (Election Law Blog) for a general breakdown by Loyola (LA) Professor Rick Hansen, In a 6-to-3 Vote, Justices Uphold a Voter ID Law (NYT) for more detailed news coverage by Linda Greenhouse, and the New York Times’ Editorial (from 4/29/08) The Court Fumbles on Voting Rights (NYT).