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Not Nader!
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.
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Facing Consensus: The importance of the "facial" vs. "as applied" distinction in the Roberts Court.
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.
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Only the Perception of Truthiness
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
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Most Intriguing Author Line Ever
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
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Voter ID: Nobody Knows Nothing, and That Might Be Good
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
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Facial ID's, Facial Challenges and In Your Face Politics
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
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Voter ID Laws: A "Solution" in Search of a Problem
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
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