Supreme Court Preview: The Most Important Elections Case Since Bush v. Gore
Commentary
Posted on the American Constitution Society's Blog Jan. 9th, 2008
On January 9, the Supreme Court will hear argument in two consolidated cases testing the constitutional limits on a state's ability to set procedural rules that restrict the franchise. The cases, collectively known as Crawford, challenge an Indiana law requiring voters at the polls to provide certain documentation: identification cards with an expiration date and photograph, issued by the state of Indiana or the federal government.
The Court's opinion is likely to have an impact far beyond Indiana. It will refine the standard determining what states must show in order to justify a direct burden on the ability to cast a valid vote. And in so doing, it will set the ground rules governing which eligible American citizens will be able to exercise their right to vote, and which eligible citizens will not, in 2008 and beyond.
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