More Politics Than Legal-SCOTUS Overturn 9th On Voter ID

[Annie]

Links:

http://volokh.com/archives/archive_2006_10_15-2006_10_21.shtml#1161378321

Friday, October 20, 2006
[Orin Kerr, October 20, 2006 at 5:05pm] 5 Trackbacks / Possibly More Trackbacks
Supreme Court Allows Voter ID Law: Surprising action on a Friday afternoon from the Supreme Court: The Court vacated the Ninth Circuit's order that had enjoined Arizona's Voter ID law: the 6 page per curiam opinion is here. The gist of the Supreme Court's decision is that the Ninth Circuit enjoined the voter ID law with an entirely unreasoned 4-sentence order, and this was a no-no:

Faced with an application to enjoin operation of voter identification procedures just weeks before an election, the Court of Appeals was required to weigh, in addition to the harms attendant upon issuance or nonissuance of aninjunction, considerations specific to election cases and its own institutional procedures. Court orders affectingelections, especially conflicting orders, can themselvesresult in voter confusion and consequent incentive toremain away from the polls. As an election draws closer, that risk will increase. So the Court of Appeals may havedeemed this consideration to be grounds for prompt action. Furthermore, it might have given some weight to thepossibility that the nonprevailing parties would want to seek en banc review. In the Ninth Circuit that procedure, involving voting by all active judges and an en banc hearing by a court of 15, can consume further valuable time. These considerations, however, cannot be controlling here.It was still necessary, as a procedural matter, for the Court of Appeals to give deference to the discretion of the District Court. We find no indication that it did so, and we conclude this was error.

Although at the time the Court of Appeals issued its order the District Court had not yet made factual findings to which the Court of Appeals owed deference, see Fed. Rule Civ. Proc. 52(a), by failing to provide any factual findings or indeed any reasoning of its own the Court of Appeals left this Court in the position of evaluating the Court of Appeals’ bare order in light of the District Court’s ultimate findings. There has been no explanation given bythe Court of Appeals showing the ruling and findings ofthe District Court to be incorrect. In view of the impending election, the necessity for clear guidance to the State ofArizona, and our conclusion regarding the Court of Appeals’ issuance of the order we vacate the order of the Court of Appeals.

Thanks to Howard for the link.

UPDATE: Perhaps the most interesting aspect to this case is that it reveals a continuing interest among the Justices in the workings of elections, even post Bush v. Gore. Here the Supreme Court treated a request for a stay as a cert petition, granted the petition, and reversed — that's something rare enough to seem sort of like a lightning bolt from above. Of course, we're dealing here with the Ninth Circuit, so maybe the Court's interest is narrower, but I wouldn't be surprised if the Court gets involved in more election cases in the future.

Commentary from Rick Hasen is here.

ANOTHER UPDATE: The Ninth Circuit's 2-judge order below is here, and was signed by Judges Tashima and Willie Fletcher.
29 Comments

 

[glockmail]

Why would this be considered political? Isn't there a Constitutional basis for "one person- one vote"? How else can you guarentee that right without making sure that each voter is a legal resident and is who he says he is?

 

[Mr. P]

Why would this be considered political? Isn't there a Constitutional basis for "one person- one vote"? How else can you guarentee that right without making sure that each voter is a legal resident and is who he says he is?

Really, if you don't get it you should ask the Ninth Circuit why it's political.:duh3:

 

[UnAmericanYOU]

Over two-thirds of the justices out here on the Ninth were appointed by Democrats. It's true that it's the "Hollywood Court".

Not surprising at all that another one of their incoherent rulings was overruled, that's par for this course. SCOTUS vacated it, even worse (for them), that means it doesn't deserve comment.

Too many justices, too many liberal justices, a national joke. Good that SCOTUS acted promptly, the Democrat Party could actually lose seats in both Houses if this kind of thing was put to bed:

http://www.khow.com/pages/shows-boyles.html?feed=119773&article=1488519

Courts like the Ninth Circuit are their last great liberal white hope.

 

[red states rule]

Why would this be considered political? Isn't there a Constitutional basis for "one person- one vote"? How else can you guarentee that right without making sure that each voter is a legal resident and is who he says he is?

Without election fraud, Dems would lose by wider margins

 

[glockmail]

Really, if you don't get it you should ask the Ninth Circuit why it's political.:duh3:

You say its political, and the 9th Circus says its political, therefore it could not possibly be.

Seriously, though, I know an attorney who is very liberal, a die-hard Democrat, and he stated to me that he cannot see the justification that these liberal Judges have for making rulings inconsistent with the Constitution, when that is clearly their only mandate.

When rulings are made based on Original Intent, politics goes away. That is, as long as you aren't intent on changing the meaning of the Constitution.

 

[glockmail]

Without election fraud, Dems would lose by wider margins

That is obviously true, but the reality is far worse, because by lobbying against ID requirements, Democrats put their love of power over and above love of country.

 

[red states rule]

That is obviously true, but the reality is far worse, because by lobbying against ID requirements, Democrats put their love of power over and above love of country.

Libs have been doing that since 9-11 on the issue of national security as well

The ONLY thing thst libs care about these days is regaining their political power

The needs of the country are of no consideration to the left

 

[glockmail]

Libs have been doing that since 9-11 on the issue of national security as well

The ONLY thing thst libs care about these days is regaining their political power

The needs of the country are of no consideration to the left

I agree. The thing that interests me is when this shift occurred in the Democrat Party. This is certaitly not the Party of JFK, at least not at face value. I realize that there were questionable voter resulted that elected him, that Nixon did not contest, but the fraud today is so blatent, rampant.

I'm not so naive that I don't think that voter fraud was uncommon, but I think it was isolated to certain locales, such as Chicago, Boston. Now it seems to have taken on a State-wide scale. Maybe it is just a poor perspective on my part?

 

[red states rule]

I agree. The thing that interests me is when this shift occurred in the Democrat Party. This is certaitly not the Party of JFK, at least not at face value. I realize that there were questionable voter resulted that elected him, that Nixon did not contest, but the fraud today is so blatent, rampant.

I'm not so naive that I don't think that voter fraud was uncommon, but I think it was isolated to certain locales, such as Chicago, Boston. Now it seems to have taken on a State-wide scale. Maybe it is just a poor perspective on my part?

While libs continue to bellow about how the 2004 election was stolen; if you do a search you will find ONLY Dems have been convicted and sent to jail over election fraud

I am NOT shocked to see how many Dems have gone to jail over this, yet the liberal media does not report on it

On a personal note, I got a call from a buddy of mine who worked in the Voter Registration Office and he told me how my dad voted for Gore in 2000 via absentee ballot

My dad died in 1984

 

[red states rule]

Lesson Learned: Americans are Dumb
One of the most important lessons learned from our loss this election is that we failed to connect with the retarded dittohead masses. I've thought about it long and hard, and have come to the conclusion that we progressives were simply too nice. Out of compassion for those inferior to them, liberal statesmen like Al Franken and Michael Moore held back and didn't sneer nearly enough at the American people as they should have, and we all paid for it on election day. 59 million jingoist biblethumping rednecks repaid our kindness by choosing a chimp who talks to an invisible diety over a war hero with four Purple Hearts.

Well, no more Mr. Nice Liberal. If our seething, drooling hatred for Bush, God, and America isn't enough to win these brainless sheep over to our pasture, then it's time to stop pulling punches. Progressive pundits are already on the ball and are diligently making up for lost sneering. However, it will take more than self-righteous screeching from the mountaintop to regain our rightful place as rulers over the brainwashed hordes. If we're ever going to win another election, if we're ever to earn forgiveness from France for our arrogance, we need to get out there in the red states where all the intolerant morons live and ridicule their silly religious beliefs. We need to really hammer it into their thick, prehistoric skulls that they're just too damn superstitious and stupid to be trusted with the future of this country.

Therefore, I suggest that we get a few really good days of self-pity and hopeless whining in, and then get back to work reminding the uneducated trogs how inferior they are. It's time to really get into their faces and shove it down their slack-jawed gullets that if they ever want to work again, ever want to eat again, ever want to walk again, ever want to see their sons and daughters alive again, they better damn well vote Democrat!

So today, I compiled a list of ten people I know who voted Republican and gave them each a call, in which I basically laid out the real heart of the progressive philosophy in simple terms they could understand.

"RACIST BIGOT GAY-BASHING FASCIST MORON!" I screamed into the phone after dialing my first number. "BIGOT FASCIST RIGHT-WING IDIOT HATEMONGER!!!!"

"Why are you screaming at me?" Grandma asked. "This state went to Kerry anyway."

"NO THANKS TO YOU, YOU INTOLERANT EVANGELICAL NAZI WHORE!" I shouted.

"Jeezus!" Grandma gasped.

"STOP FORCING YOUR RELIGION ON ME YOU NAZI BIGOT MORON!" I demanded, and hung up the phone. Jesus indeed!

The next eight calls were less cordial, and I received some very un-christianlike remarks from my targets before they rudely hung up. My, my, my! The hateful bile that comes out of the mouths of these "compassionate conservative" hypocrites!

Call number ten was out of town, but I left a convincing message on his machine. Tonight, I'm going over to spray paint "NAZI LIVES HERE" on his garage door. If that doesn't win his heart over to our side, nothing will.

Logic dictates that if four years of baseless accusations and ad hominem attacks won us 48% of the popular vote, then being twice as nasty will win us 96%. And if each of my readers were able to convince just one right-winger on their list to convert to our cause, it would mean 15 new votes for the democrats in 2006.

So go get 'em, take no prisoners, and feed those right-wing Christians to the liberal lions!

http://blamebush.typepad.com/blamebush/election_2004/index.html

 

[William Joyce]

The 9th Circuit is nuts. The Supreme Court is much less nuts.

volokh is a decent website... I also like overlawyered.com for legal issues.