Breaking: 7th Circuit Allows WI Voter ID Law to Go Into Effect Immediately

You can read the order here. From the order:

After the district court’s decision, the Supreme Court of Wisconsin revised the procedures to make it easier for persons who have difficulty affording any fees to obtain the birth certificates or other documentation needed under the law, or to have the need for documentation waived. Milwaukee Branch of NAACP v. Walker, 2014 WI 98 (July 31, 2014). This reduces the likelihood of irreparable injury, and it also changes the balance of equities and thus the propriety of federal injunctive relief. The panel has concluded that the state’s probability of success on the merits of this appeal is sufficiently great that the state should be allowed to implement its law, pending further order of this court.

This is a big, big mistake for election administration reasons (regardless of how the court ultimately comes out) and I expect now an emergency motion to the Supreme Court, based upon Purcell v. Gonzalez, to stop this change. I think there’s a decent chance the Supreme Court could intervene on this, even if the Court ultimately is likely to reject the constitutional and Voting Rights Act challenges to this ruling.

I think this also is fairly indicative that the 7th Circuit panel will be overturning the district court ruling finding WI’s voter id law violating both the Constitution and Section 2 of the Voting Rights Amendment.

[This post has been updated.]


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