I’ve explained why we shouldn’t be surprised if the 7th Circuit reverse the district court in the Wisconsin voter id case and rejects both the constitutional and Voting Rights Act section 2 claims brought against it.
But it sounds like… Continue reading
Here is my analysis of the district court order.
3. Both the constitutional law and VRA section 2 claims are controversial. On the con law point, the judge purports to apply the “Anderson-Burdick” balancing test that the Supreme Court applied… Continue reading
Talk about going outside the lower court record for appellate on-the-fly factfinding:
Jessica Arp (on Twitter):
Judge Easterbrook searched for new DMV rules on IDs on his computer during arguments and said he “only found a press release” #news3
AP on Justice Scalia speech to Federalist Society in San Diego:
“I hate to hear Americans going around grousing about gridlock,” he explained. “That’s the design of this system, that only really good legislation that has substantial support in the… Continue reading
Here is how I described that split in The Untimely Death of Bush v. Gore (Stanford Law Review):
The two judges in the Crawford majority were appointed by Republican presidents while the dissenting judge was appointed by a Democratic president.200… Continue reading
A reader passes along the following:
EPIC Files FOIA Lawsuit For Reports on Electronic Voting Reliability
EPIC has filed a Freedom of Information Act lawsuit to obtain test reports about an online voting program promoted by the Department of Defense.… Continue reading