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Convictions: Slate's blog on legal issues
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Elsewhere on this site , Bruce Ackerman and Jennifer Nou scold the Supreme Court for deciding the Indiana voter-ID case with nary a mention of the 24th Amendment 's ban on "poll tax[es] or other tax[es]" that "deny or abridge" the right of citizens to Read More...
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I just can’t muster up a lot of outrage about Indiana’s Voter ID law. Tim is right that we have a de facto national ID now. The Indiana law is nothing like a poll tax: This law may or may not be attacking a nonexistent problem of voter fraud, but either Read More...
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Ooof—well, Dawn , I certainly didn't intend to leave the impression there are no differences between Indiana Dems and Republicans. And perhaps I may be granted some dispensation for having lived in the district that elected Dan Burton , R-Ind., to Congress. Read More...
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Oh, Deborah ! Writing that there are negligible differences between Hoosier Ds and Rs, just days before our election! Last night I co-hosted a fundraiser here in Bloomington, Ind., aimed at electing a Democrat to replace Republican Mitch Daniels as governor Read More...
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The Roberts Court is successfully pursuing consensus across ideological lines using the distinction between facial and as applied constitutional challenges. For a Court that is made up of both conservatives and liberals, it allows both to be both at the same time. Read More...
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All the justices agree that states must "balance" the benefits and costs of voter ID requirements. The benefit is reduction in voter fraud; the cost is disenfranchisement of those who cannot obtain the ID. No one explains what an appropriate balance is, Read More...
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A few modest additions to the early word on voter ID. First, for all those who would prefer to insist that Justice Stevens is easily pegged as a dyed-in-the-wool liberal, the Stevens-Roberts-Kennedy opinion in Crawford v. Marion County Election Board Read More...
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David and I agree that we would like constitutional rules that would facilitate political bargains between people with different political interests; as David puts it: "if you ensure voters are who they say they are, we'll let you register more of them." Read More...
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JUSTICE STEVENS announced the judgment of the Court and delivered an opinion in which THE CHIEF JUSTICE and Justice KENNEDY join. That's from Crawford v. Marion County . It reveals yet again just how influential Justice Kennedy is: He's such a swinging Read More...
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Marty nicely describes the paucity of evidence supporting Indiana's claim in Crawford v. Marion County Election Board that voter fraud is rampant in Hoosier land. After all, the Court long ago held in Croson that Richmond could not rely on experiences Read More...
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In Crawford v. Marion County Election Board , the Supreme Court continues a trend of using technical doctrines of facial challenges to swat away constitutional litigation and drive questions back to the political process. Whether you think that is a good Read More...
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I'm just beginning to read through the opinions in today's decision upholding the facial validity of Indiana's voter-ID law. Along with many others, I have argued that the law is unconstitutional because it imposes burdens on voting without advancing Read More...
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