Monday, August 26, 2013

It's gonna be a helluva fight


And the various states and the Justice Dept are girding their legal loins as they get ready to fight discriminatory ALEC generated Voter ID laws.
A federal lawsuit filed Thursday against a Texas voter identification law seems certain to be followed by a similar suit against one in North Carolina. Other states, too, could face federal legal challenges over their actions in the wake of the high court’s decision.

Congress, if it’s up to the task, could also get messy trying to partially restore the guts of the landmark 1965 law.

The fights to come will span many fronts, including several of the 33 states that have passed voter identification laws. The separate conflicts, moreover, will inevitably cross-pollinate. One key lawmaker, tellingly, believes the federal action in Texas will “make it much more difficult” to get Voting Rights Act revisions through an already divided Congress.

And, as in any global conflict, strategic thinking could pay dividends.

“I’m sure the Department of Justice will pick its spots carefully,” election law expert Daniel P. Tokaji, a professor at Ohio State University’s Moritz College of Law, said in an interview Friday. “These aren’t easy cases.”

Beyond the legal debate, however, the controversy has political ramifications, as well.

In the Justice Department’s 15-page lawsuit targeting the Texas voter ID law, signed by Houston-based Assistant U.S. Attorney Daniel D. Hu, the department deployed arguments potentially applicable against other states, as well. The Texas law, Hu wrote, would “deny equal opportunities for Hispanic and African-American voters to participate in the political process, resulting in a denial of the right to vote.”

The Texas law requires voters to present a government-issued photo identification; student IDs, for instance, no longer count. Critics say this effectively shuts out many, particularly the poor and minorities, who may have to travel a great distance to the Texas state offices that issue the identification cards.
Racism may no longer be grounds to sue but preventing legal citizens from doing so is still a crime.

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