Saturday, June 28, 2014
Open questions for Judge Posner:
1. You've said you didn't have enough information about how Indiana voters were disenfranchised, in the Crawford v Marion County Election Board case.
But you refused to grant leave to file an amicus brief by disenfranchised Indiana voters including myself.
Voter ID is headed back to the 7th Circuit in the Wisconsin case.
Will you continue to deny amicus briefs in voter ID cases?
In Crawford, the Supreme Court said you erred in using the permissive Burdick v Takushi standard of review. Might you have reached a different conclusion if you had used a better standard of review?
In Crawford, you failed to address any of plaintiff's state constitutional arguments. Later in LWV v Rokita an Indiana appeals court found the statute unconstitutional under the state constitution, although this result was later overturned. Several states, including Missouri Arkansas Pennsylvania Wisconsin and Georgia, have found voter ID to violate the state constitutions. Was it proper to fail to address these points in your opinion?
1. You've said you didn't have enough information about how Indiana voters were disenfranchised, in the Crawford v Marion County Election Board case.
But you refused to grant leave to file an amicus brief by disenfranchised Indiana voters including myself.
Voter ID is headed back to the 7th Circuit in the Wisconsin case.
Will you continue to deny amicus briefs in voter ID cases?
In Crawford, the Supreme Court said you erred in using the permissive Burdick v Takushi standard of review. Might you have reached a different conclusion if you had used a better standard of review?
In Crawford, you failed to address any of plaintiff's state constitutional arguments. Later in LWV v Rokita an Indiana appeals court found the statute unconstitutional under the state constitution, although this result was later overturned. Several states, including Missouri Arkansas Pennsylvania Wisconsin and Georgia, have found voter ID to violate the state constitutions. Was it proper to fail to address these points in your opinion?
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