Two lower court judges, both Democrats, put Wisconsin’s voter id law on hold for the 2012 elections. The state supreme court, mired in other controversies, refused to get involved before the election.
But the case will eventually make it back to the state Supreme Court. And the Milwaukee Journal-Sentinel explains how the outcome of the voter id case may depend upon whether an incumbent conservative Justice is reelected or is replaced by a more liberal justice.
One of the incumbent’s competitors is Marquette U. Law professor Ed Fallone. According to the article: “Fallone wrote in an October 2011 blog post that any challenge to voter ID laws ‘faces an uphill battle under existing judicial precedent,’ but he also went on to write that there may be two possible ways to successfully challenge Wisconsin’s law. He did not take a position on the law itself, but said that groups that oppose voter ID laws should work to help voters get IDs and elect lawmakers who would repeal such laws, rather than focus on litigation.”