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View Diary: Obama fighting back against war on voting (220 comments)

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  •  Revisit case to restrict precedent (0+ / 0-)

    Even though Supreme Court tries law, and not fact, the facts of the case are important. The precedent applies to future cases with facts in line with the decision. The facts of the case, as presented to the Court, include only the immediately observable effects of the voter ID laws, and neither the motivation behind the legislative process, nor the logically expected effects that guided that process. According to linked article,

    Justice Kennedy and the Chief Justice joined to promote the standard that states can enforce "evenhanded restrictions that protect the integrity and reliability of the electoral process itself."

    The backing of ALEC through campaign contributions, lobbying and model legislation shows a national pattern with partisan motives. The discussions regarding Arizona and Texas redistricting both show intent and effect. Analysis of the national voter ID trend shows clear effect and probable effect:

    Voting Rights Groups Charge TX ...

    The new law limits the acceptable forms of ID an eligible voter can present in order to vote by regular ballot to a Texas-issued driver's license, a state identification card, a license to carry a concealed handgun, a military ID card, or a US passport, all of which must be current or have expired within 60 days of being presented.  Current law allows the use of utility bills, bank statements, paychecks and any government document that includes name and address.  

    Black and Latino  voters are approximately twice as likely to lack the requisite state ID than white voters and will  experience a heavier burden in terms of costs than their white counterparts.  Only 9 percent of white Texans live below the federal poverty level compared to 22 percent of African Americans and 26 percent of Latinos.  Black and Latino voters in Texas earn 44 percent less than White voters.

    City kids who take the bus verus suburban kids who grow up driving to school? And, yes, handgun permits are good, but student ID's aren't. And effects of the voter ID process have had time to become clearer: they do not protect integrity after all, because they were never meant to.

    Why is there a Confederate Flag flying in Afghanistan?

    by chimpy on Wed Nov 02, 2011 at 11:44:46 AM PDT

    [ Parent ]

    •  this was all before the Court. (1+ / 0-)
      Recommended by:

      You think we didn't understand the motives here in 2008?

      •  I think you understood perfectly (1+ / 0-)
        Recommended by:
        Betty Pinson

        What I think was missed, was for the court to recognize those motives as fact. By either overlooking or intentionally ignoring those motives, I think the Court left an opening for later restriction of that precedent.

        I actually see some hope in Stevens' phrase, that someone might come back and demonstrate that some restriction was not "evenhanded," or that it damaged the process instead of protecting it.

        Why is there a Confederate Flag flying in Afghanistan?

        by chimpy on Wed Nov 02, 2011 at 12:44:58 PM PDT

        [ Parent ]

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