High Court Shoots Down Challenge to Indiana

[WSJ Law Blog]

The hot-button topic of whether states can, without violating the Constitution, require voters to produce photo ID was settled today. Delivering a splintered 6-3 ruling in Crawford v. Marion County Election Board, the Court upheld Indiana’s strict photo ID requirement. Here’s the early report from the AP (via MSNBC), the oral argument transcript, and today’s opinion.

The law “is amply justified by the valid interest in protecting ‘the integrity and reliability of the electoral process,’” Justice Stevens wrote in an opinion joined by Chief Justice Roberts and Justice Kennedy. Justices Alito, Scalia and Thomas agreed with the outcome, but wrote separately. Justices Breyer, Ruth Ginsburg and Souter dissented.

The case concerned a state law, passed in 2005, that was backed by Republicans as a way to deter voter fraud. According to the AP, Democrats and civil rights groups opposed the law as an effort to discourage elderly, poor and minority voters — those most likely to lack proper ID and who tend to vote for Democrats. Over at SCOTUS Blog, Lyle Denniston agrees, writing that the ruling could be a big victory for Republicans come election time, “since the requirement for proof of ID is likely to fall most heavily on voters long assumed to be identified with the Democrats ? particularly, minority and poor voters.”