Saturday, December 31, 2011

One More Bit Of Evidence That Eric Holder Is Just Plain Stupid

He's suing South Carolina for implementing a voter ID law that the Supreme Court has already upheld twice in two other states.
Interestingly, this is almost identical to Indiana, which has a provision for free state IDs but only for the purpose of voting.  They require the same documents to get the state ID, and charge between $5 to $12, depending on which county the birth record resides.  Why is Indiana important?  Because the Supreme Court approved an identical photo-ID voting requirement in Indiana in 2008, not to mention one in Georgia, also covered by Section 5, in 2005:
The 1965 Voting Rights Act was created to combat the systematic disenfranchisement of minorities, especially in Southern states with a history of discrimination. But the Justice position is a lead zeppelin, contradicting both the Supreme Court and the Department’s own precedent. In 2005, Justice approved a Georgia law with the same provisions and protections of the one Mr. Holder nixed for South Carolina. In 2008, the Supreme Court ruled 6-3 in Crawford v. Marion County Election Board that an Indiana law requiring photo ID did not present an undue burden on voters.
In a later case, this one involving Holder, the Court declined to make a decision about Section 5 of the Voting Rights Act, although they did note the “substantial federalism costs” of interfering in the law-making ability of a subset of states decades after the voting-rights issues have been settled.  But that’s not all they said on the matter to Holder:
A second case offers a further glimpse into the High Court’s perspective on the modern use of Section 5. In 2009′sNorthwest Austin Municipal Utility District v. Holder, the Court declined to decide the question of the constitutionality of Section 5, writing that while it imposes “substantial federalism costs,” the “importance of the question does not justify our rushing to decide it.” But the Justices didn’t stop there.
They also cast real doubt on the long-term viability of the law, noting in an 8-1 decision by Chief Justice John Roberts that it “imposes current burdens and must be justified by current needs.” That such strong criticism was signed by even the Court’s liberals should concern Mr. Holder, who may eventually have to defend his South Carolina smackdown in court.

South Carolina Governor Nikki Haley tells us she “will absolutely sue” Justice over its denial of her state’s law and that challenge will go directly to federal district court in Washington, D.C. From there it may be appealed directly to the Supreme Court, which would have to consider whether South Carolina can be blocked from implementing a law identical to the one the High Court approved for Indiana, simply because South Carolina is a “covered” jurisdiction under the Voting Rights Act.

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