Dark Day For Justice

People are worried that a McCain presidency will move the SCOTUS too far to the right. I think it’s already there.

Supreme Court says states can demand photo ID for voting. From the lead opinion:

It remains true, however, that flagrant examples of such fraud in other parts of the country have been documented throughout this Nation’s history by respected historians and journalists, that occasional examples have surfaced in recent years, and that Indiana’s own experience with fraudulent voting in the 2003 Democratic primary for East Chicago Mayor - though perpetrated using absentee ballots and not in-person fraud - demonstrate that not only is the risk of voter fraud real but that it could affect the outcome of a close election.

-Supreme Court Justice, John Paul Stevens

What Justice Stevens is saying here is that the only two cases of fraud mentioned during the course of the hearing had nothing to do with “in-person” voting.

From Balloon-Juice commenter, Davis X. Machina:

What happened to strict scrutiny?

Is there a compelling state interest?
Is the measure narrowly tailored to address only the harm?
Is this the least restrictive means to address the harm?

It was my understanding that if you don-t clear hurdle #1, you don-t even get to propose the measure.

There is absolutely NO REASON for the Supreme Court to rule the way it did except:

We all know why this is: it’s because, as Common Cause reminds us, restricting in-person voting tends to reduce turnout among minorities, the elderly, voters with disabilities, the poor, and the young - all of which, though CC is too polite to mention it, tend to vote Democratic. Absentee voters, by contrast, tend to vote Republican.


Palin/McCain 08



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