10/13/2013

Posner say that his decision the Indiana voter ID case was wrong

From Politico:

"Do you think that the court got this one wrong?" HuffPo's Mike Sacks asked. 
"Yes. Absolutely. And the problem is that there hadn’t been that much activity with voter identification," Posner said. "Maybe we should have been more imaginative….We weren’t really given strong indications that requiring additional voter identification would actually disfranchise people entitled to vote." 
Posner authored the 2-1 opinion in Crawford v. Marion County, which likely influenced the Supreme Court in its 6-3 decision upholding the statute in the same case. 
"There was a dissenting judge [on the appeals court panel], Judge Terence Evans, since deceased, and I think he was right," Posner said. "But at the time I thought what we were doing was right. It is interesting that the majority opinion was written by Justice [John Paul] Stevens, who is very liberal, more liberal than I was or am….  But I think we did not have enough information. And of course it illustrates the basic problem that I emphasize in [my new] book.  We judges and lawyers, we don’t know enough about the subject matters that we regulate, right? And that if the lawyers had provided us with a lot of information about the abuse of voter identification laws, this case would have been decided differently." . . .

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