The Court Fumbles on Voting Rights
NYT editorial
Democracy was the big loser in the Supreme Court on Monday. The court upheld Indiana’s voter identification law, which solves a nearly nonexistent problem by putting major barriers between voters — particularly minorities — and the ballot box. Worse, the court set out a standard that clears the way for other states to adopt rules that discourage disadvantaged groups from voting. It is a sad reversal for a court that once saw itself as a champion of voting rights.
In 2005, Indiana passed one of the nation’s toughest voter ID laws. It requires voters to present government-issued photo ID at the polls. Private college IDs, employee ID cards and utility bills are unacceptable. For people without a driver’s license — who are disproportionately poor and minority — the burden is considerable. To get acceptable ID, many people would be forced to pay fees for underlying documents, such as birth certificates.
This should not have been a hard case. The court has long recognized that the right to vote is so fundamental that a state cannot restrict it unless it can show that the harm it is seeking to prevent outweighs the harm it imposes on voters.
The Indiana law does not meet this test. The harm it imposes on voters, some of whom will no doubt be discouraged from casting ballots, is considerable. The state’s interest in the law, on the other hand, is minimal. It was supposedly passed to prevent people from impersonating others at the polls, but there is no evidence that this has ever happened in Indiana. It seems far more likely that the goal of the law’s Republican sponsors was to disenfranchise groups that lean Democratic.
(Continued here.)
Democracy was the big loser in the Supreme Court on Monday. The court upheld Indiana’s voter identification law, which solves a nearly nonexistent problem by putting major barriers between voters — particularly minorities — and the ballot box. Worse, the court set out a standard that clears the way for other states to adopt rules that discourage disadvantaged groups from voting. It is a sad reversal for a court that once saw itself as a champion of voting rights.
In 2005, Indiana passed one of the nation’s toughest voter ID laws. It requires voters to present government-issued photo ID at the polls. Private college IDs, employee ID cards and utility bills are unacceptable. For people without a driver’s license — who are disproportionately poor and minority — the burden is considerable. To get acceptable ID, many people would be forced to pay fees for underlying documents, such as birth certificates.
This should not have been a hard case. The court has long recognized that the right to vote is so fundamental that a state cannot restrict it unless it can show that the harm it is seeking to prevent outweighs the harm it imposes on voters.
The Indiana law does not meet this test. The harm it imposes on voters, some of whom will no doubt be discouraged from casting ballots, is considerable. The state’s interest in the law, on the other hand, is minimal. It was supposedly passed to prevent people from impersonating others at the polls, but there is no evidence that this has ever happened in Indiana. It seems far more likely that the goal of the law’s Republican sponsors was to disenfranchise groups that lean Democratic.
(Continued here.)
Powered by Blogger
0 Comments:
Post a Comment
<< Home