Judge Posner Splits Hairs Ever More Finely

He tells the WSJ:

In context, with particular reference to what I said after “yes, absolutely,” my point was that we judges in the Crawford case did not have sufficient information about the consequences of an Indiana-type photo ID voter qualification law to make a reliable decision regarding its constitutionality. Experience with the photo ID laws since Crawford (decided six years ago) suggests that Crawford may well have been wrong.

I think it possible too that I didn’t hear the interviewer’s question exactly; that what I heard was not “do you think you got it wrong” but “do you think you may have got it wrong.” To that, “yes absolutely” would state my views exactly.

My little piece in the New Republic is the fullest and most accurate summary of my views on the matter.

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